Protection of Businesses Act, 1978
R 385
Animal Health Act, 2002 (Act No. 7 of 2002)22. Appeals |
| (1) | Any person whose interests are affected by any decision, direction, action or omission by the national executive officer, provincial executive officer, authorised person or an assignee, or any person under the control or direction of such person under this Act, may appeal against such decision, direction, action or omission to the Minister or the MEC of the relevant province, as the case may be. |
| (2) | An appeal referred to in subsection (1) must be lodged in the prescribed manner within the prescribed period and the prescribed fee must be payable in respect of such appeal. |
| (3) | The Minister or the MEC, as the case may be, must— |
| (a) | refer the appeal for investigation and decision to an appeal board, the members of which must be appointed by the Minister or such MEC; and |
| (b) | designate one of the members as chairperson of the appeal board. |
| (4) | The appeal board referred to in subsection (3)(a) consists of at least three persons, who have adequate skills and are suitable to decide on the appeal concerned. |
| (5) | A person who has a direct or indirect interest in the outcome of an appeal must not be appointed as a member of the appeal board concerned, and if such person has been appointed, he or she must recuse himself or herself or must be disqualified and the Minister or the MEC, as the case may be, must appoint another person as member of the appeal board in question. |
| (6) | All the members of an appeal board constitute a quorum for a meeting of that board and— |
| (a) | the decision of the majority of the members thereof is the decision of that board; and |
| (b) | the chairperson of that appeal board has, in the case of an equality of votes, a casting vote in addition to his or her deliberative vote. |
| (7) |
| (a) | The appellant may request the appeal board in question or be requested by that appeal board to appear at an inquiry before the board so as to be heard or questioned. |
| (b) | An appellant appearing at such inquiry is entitled to legal representation. |
| (8) | Any appeal board may— |
| (a) | confirm, set aside or amend any decision, direction, action or omission which is the subject of the appeal; or |
| (b) | make any other order in connection therewith as the board may deem fit. |
| (9) | The decision of an appeal board, together with the reasons therefore, must be in writing and copies thereof must be furnished to the Minister or the MEC, as the case may be, the appellant and the national executive officer, provincial executive officer, assignee or authorised person, as the case may be. |
| (10) | If a decision, direction or action which is the subject of an appeal— |
| (a) | is set aside, the amount referred to in subsection (2) must be refunded to the appellant concerned; or |
| (b) | is amended, such portion of the amount referred to in subsection (2), as the board concerned may determine, must be refunded to the appellant concerned. |
