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Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)

24A. Appeal against decision of Authority

 

(1) Any person aggrieved by the decision of the Authority may appeal against such decision by notifying the Chief Executive Officer within 30 days of becoming aware of such decision of his or her intention to appeal and setting out the full grounds of appeal.

 

(2) Upon being notified the Chief Executive Officer shall meet with the appellant within 30 days of being so notified in the absence of legal representatives to try to resolve the matter, especially if the appeal involves administrative matters.

 

(3) Should the Chief Executive Officer and the appellant fail to resolve the matter as contemplated in subsection (2), the appellant shall within 30 days of being notified by the Chief Executive Officer of the failure to resolve the matter and upon payment of a prescribed fee, request the Minister in writing to convene an appeal committee.

 

(4) The appeal committee contemplated in subsection (3) shall—
(a) comprise the chairperson who shall have knowledge of the law and four other persons who shall have knowledge of the subject matter of appeal but with no financial or business interests in the affairs of the parties to the appeal, two of them nominated by the appellant and the other two by the Chief Executive Officer; and
(b) conduct the appeal hearing and make a decision within 30 days from the day when it first meets to hear the appeal.

 

(5) A party aggrieved by the decision of the appeal committee may approach the High Court for a judicial review.

 

[Section 24A inserted by section 31 of Notice No. 434, GG 32148, dated 21 April 2009]

 

 


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