Implementation of Geneva Conventions Act, 2012
R 385
Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)RegulationsRegulations regarding Appeal Procedures5. Proceedings on appeals |
| (1) | An appeal board shall— |
| (a) | notify the appellant concerned at least 24 hours in advance of the date, venue and time when the board of appeal will convene; |
| (b) | allow the appellant to present his/her case to the appeal board by prior arrangement; and |
| (c) | where applicable, notify the warehouse/packhouse/cold store of the date, venue and time of the appeal and arrange for the product concerned to be available as well as for labour if necessary. |
| (2) | An appeal board may (where applicable)— |
| (a) | draw in the presence of the appellant a sample of the product to which the appeal concerned relates, in accordance with the relevant methods and procedures; |
| (b) | direct the appellant concerned to render all reasonable assistance required by the appeal board in order to draw and inspect a sample referred to in paragraph (a) above: Provided that the appellant may not influence any member of the appeal board; |
| (c) | examine, analyse or submit for analysis, grade or classify such sample or the product concerned in accordance with the prescribed methods and procedures: Provided that if the accredited laboratory used for analysis is the same laboratory that did the original analysis, written approval must be given by the appellant to use the same accredited laboratory; |
| (d) | hear and question the appellant and inspector concerned and any other person present at such proceedings, and such appellant may be assisted or represented by another person; |
| (e) | request that the appellant sign a declaration (see example attached as Annexure B) before the board of appeal that he /she will be responsible for the payment of the courier and analysis costs; and |
| (f) | after inquiry and consideration of an appeal, confirm or set aside or alter the decision or action which has been appealed against, or issue such order in connection therewith as it may deem necessary. |
| (3) | Once all interested parties have been heard, an appeal board shall instruct all persons to leave the place where the appeal is being held. |
| (4) | An appeal board may decide on an appeal under the following conditions: |
| (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. |
| (5) | An appeal board may upon hearing all representations— |
| (a) | confirm, set aside or amend the decision or direction concerned; and /or |
| (b) | issue any order in connection with the decision or direction as deem fit. |
| (6) | If an appeal board sets aside or amends a decision or direction, or issues an order in connection therewith, it shall be implemented by the Executive Officer or an officer under his control, or an assignee or an employee of an assignee. |
| (7) | The chairperson of the appeal board shall notify the Director-General via the office of the Executive Officer, the appellant and assignee (where applicable) in writing and with reasons of the final decision of the appeal board, and this notification shall be in the format and with the required information attached as Annexure C. |
| (8) | An appeal board shall decide on an appeal within the period specified below, unless otherwise arranged and agreed with the appellant in writing, and its decision shall be final: |
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Period within which an appeal board shall decide on an appeal after been lodged, weekends and public holidays excluded: |
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For all imported and locally manufactured or packed products |
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For all products presented for export |
48 hours |
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For any other decision or direction |
21 days |
| (9) | The appeal board shall ensure that the proceedings of an appeal are conducted in a professional and confidential manner, with due diligence: Provided that the appellant and/or board may require of the appeal board members to sign a confidentiality declaration form. |
