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Air Services Licensing Act, 1990 (Act No. 115 of 1990)

25. Appeal

 

(1) Any person who feels aggrieved—
(a) by the refusal of the council or the Commissioner for Civil Aviation to issue to that person a licence or an operating certificate, as the case may be;

[Section 25(1)(a) substituted by section 5(e) of Act No. 21 of 2008]

(b) by a decision of the council in terms of section 20(1)(b) or (c); or
(c) by a decision of the Commissioner for Civil Aviation in terms of section 22(8)(b),

may in the prescribed manner appeal against such refusal or decision to the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area within which such person is resident, within 30 days after he, she or it became aware of such refusal or decision, or within such further period, not exceeding two months, as the said court may allow on good cause shown.

[Section 25(1) substituted by section 12 of Act No. 83 of 1995]

 

(2) The court referred to in subsection (1) may—
(a) confirm, vary or set aside the refusal or decision of the council or Commissioner for Civil Aviation, as the case may be;
(b) give such other decision as the council or the Commissioner for Civil Aviation, as the case may be, was able to give; or
(c) remit the case to the council or the Commissioner for Civil Aviation, as the case may be, with such instructions as that court may deem fit.

 

(3) The court concerned may issue any order regarding costs which the court under the circumstances deems fair.

 

(4) A decision given in terms of subsection (2) shall, for the purposes of this Act, be deemed to be a decision of the council or the Commissioner for Civil Aviation, as the case may be.

 

[Section 25 substituted by section 3 of Act No. 15 of 1992]