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Friendly Societies Act, 1956 (Act No. 25 of 1956)

Regulations

Part I : Manner in which and Time within which Appeals to the Minister are to be Prosecuted under Section Four

 

1. Every friendly society or person desiring to appeal to the Minister in terms of section four (3) of the Act from any decision of the Registrar, shall within one month after the pronouncement of the decision at issue, lodge a written notice of appeal with the Registrar, which shall clearly set out the decision it is desired to appeal against and the grounds for the appeal. Such notice of appeal shall be signed by the principal officer of the society (if the appeal is at the instance of a friendly society) or in the case of an appeal by an individual or partnership, by the individual or by one of the partners, as the case may be, or by his duly authorized representative. In the case of an appeal by any person who is not a natural person the notice of appeal shall be signed on behalf of such person as follows, that is to say—
(a) if such a person is a committee of individuals, by the person for the time being at the head of the committee;
(b) if such person is an association of persons, by the individual who is for the time being at the head of the board of directors or other committee controlling such association.

 

2. Upon receipt of the notice of appeal mentioned in regulation 1 the Registrar shall prepare a statement of the reasons for his decision. The Registrar shall despatch a copy of the statement to the appellant by registered post, and require the appellant to declare in writing within 30 days of the despatch of the statement, or within such further period as the Registrar may, upon application before the expiry of the said 30 days, approve, whether he proposes to continue with his appeal or not.

 

3. If the appellant declares that he does not propose to continue with his appeal or if he does not furnish the Registrar with a reply within the period prescribed in regulation 2, the appeal shall lapse.

 

4. If the appellant declares, within the period prescribed in regulation 2, his intention to continue with his appeal, he shall together with his declaration lodge with the Registrar a reply to the statement mentioned in regulation 2.

 

5. Upon receipt of the appellant’s declaration and reply the Registrar shall as soon as may be transmit to the Minister—
(a) the notice of appeal mentioned in regulation 1;
(b) the statement prepared by him and mentioned in regulation 2;
(c) the declaration and reply mentioned in regulation 4; and
(d) all other relevant documents.

 

6. The Minister may require the appellant or the Registrar to furnish him in writing with any further or other information which he may consider necessary for a just decision on the appeal.

 

7. Upon receipt of the Minister’s notification of his decision on the appeal the Registrar shall immediately communicate that decision to the appellant by registered Post.