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Fund-raising Act, 1978 (Act No. 107 of 1978)

Chapter 1 : Collection of Contributions by Fund-raising Organizations, other Organizations and Persons

10. Appeal against decision of Director

 

(1) Any fund-raising organization or other organization feeling aggrieved at a decision of the Director relating to the rejection of an application in terms of section 4 or 5 or the amendment, suspension or withdrawal of an authority or registration certificate, or a direction in terms of section 7(9)(a) by the Director for the withdrawal of a permission or special permission granted by any fund-raising organization or registered branch, may in the prescribed manner appeal against that decision or direction to an appeal committee appointed by the Minister for the particular case.

[Subsection (1) substituted by section 2(a) of Act No. 41 of 1980]

 

(2) Such appeal committee shall consist of—
(a) a magistrate with not less than ten years’ experience as a magistrate, who shall be the chairman; and
(b) two persons who, in the opinion of the Minister, have experience and knowledge of the activities of fund-raising organizations and who have no direct interest in the affairs of the appellant or are not in the service of the appellant or the State.

 

(3) The appellant may appear before the appeal committee through a member of its management or through an advocate or attorney, or may submit statements or arguments in writing in support of its appeal.

[Subsection 10(3) substituted by section 2(b) of Act No. 41 of 1980]

 

(4) The procedure to be followed in connection with the noting and prosecution of an appeal in terms of this section shall be prescribed.

 

(5) The appeal committee may confirm or set aside the decision of the Director or may give such other decision as in its opinion ought to have been given by the Director, and may direct the Director to do everything necessary to give effect to the decision of the appeal committee.

 

(6) Any person who is appointed to an appeal committee in terms of subsection (2)(b), may be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance.