[Subsection (1) substituted by section 12 (a) of Act No. 63 of 1998 ]
| (2) |
An appeal referred to in subsection (1) shall be lodged in the prescribed manner within the prescribed period, and the prescribed fee shall be payable in respect of such appeal. |
| (a) |
The Director-General shall— |
| (i) |
refer the appeal for investigation and decision to an appeal board, the members of which shall be appointed for the appeal in question by the Director-General, and which shall consist of at least three persons who have adequate skills and who are otherwise suitable to decide on the appeal; and |
| (ii) |
designate one of the members as chairperson of the appeal board concerned. |
| (b) |
A person appointed under subparagraph (i) of paragraph (a) shall be disqualified as a member of the appeal board concerned if he or she has any direct or indirect personal interest in the outcome of the appeal, |
[Subsection (3) substituted by section 12(b) of Act No. of 1998]
| (a) |
All the members of the appeal board in question shall constitute a quorum for a meeting of that appeal board. |
| (b) |
The decision of the majority of the members of the appeal board shall be the decision of that appeal board. |
| (c) |
The chairperson of the appeal board shall, in the case of an equality of votes, have a casting vote in addition to his or her deliberative vote. |
(Subsection (4) substituted by section 12(c) of Act No. 63 of 1998]
| (5) |
There may be paid to a member of an appeal board who is not in the full-time employment of the State, from moneys appropriated by Parliament for this purpose, such remuneration or allowances as may be determined by the Minister, with the concurrence of the Minister of Finance, in general or in any particular case. |
| (6) |
Any appeal board may— |
| (a) |
confirm, set aside or amend the decision or direction concerned which is the subject of the appeal; or |
| (b) |
make any other order in connection therewith as the appeal board may deem fit. |
[Subsection (6)(b) substituted by section 12(d) of Act No. 63 of 1998]
| (7) |
The executive officer or the assignee, as the case may be, shall be bound to a decision of an appeal board. |
| (8) |
The decision of an appeal board together with the reasons therefore shall be in writing, and copies thereof shall be furnished to the Director-General, the appellant and the executive officer or the assignee, as the case may be. |
| (9) |
If a decision or direction which is the subject of an appeal— |
| (a) |
is set aside, the amount referred to in subsection (2) shall be refunded to the appellant concerned; and |
| (b) |
is amended, such portion of the amount referred to in subsection (2) as the appeal board concerned may determine, shall be refunded to the appellant concerned. |
Protection of Businesses Act, 1978
