| (1) |
Any person, other than an employee of the Regulator or a supplier of goods or services to the Regulator, whose rights are adversely affected by a decision of the CEO, in the exercise of any power or performance of any duty in terms of this Act, or in respect of an appeal contemplated in section 54, may lodge an appeal against that decision with the board appeals committee as prescribed. |
| (2) |
Such person must lodge the appeal and set out the grounds of the appeal within 30 days from the date on which the decision of the CEO was made known or such later date as the chairperson of the board permits. |
| (3) |
The board appeals committee must consider and finalise the appeal within the prescribed period and, after considering the grounds of appeal, the reasons for the decision of the CEO and the CEO’s reply to the grounds of appeal, the board may— |
| (a) |
confirm, set aside or vary the decision; or |
| (b) |
substitute the decision of the CEO with the decision of the board. |
| (4) |
The board appeals committee must keep a record of an appeal lodged in terms of this section, and must— |
| (a) |
on request and at no charge, provide a party to the appeal with a copy of the record; and |
| (5) |
The board may, for purposes of this section, appoint a standing board appeals committee, chaired by a member of the board, who with two other persons who are not members of the board or employees of the Regulator, of whom at least one must be a legal practitioner, constitute that committee, and the decision of that committee is the final decision of the board. |
| (a) |
a member of the board appeals committee has a conflict of interest or is for any other reason not able to hear an appeal in terms of this section; or |
| (b) |
a hearing of the appeal is urgent, an appeal may be lodged directly with the Transport Appeal Tribunal, as contemplated in section 56. |
| (7) |
An appeal lodged as contemplated in subsection (1) does not prevent a person from obtaining urgent relief from a competent court of law. |
[Section 55 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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