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

Regulations

General Regulations

Appeals

48. Appeal against decision of Authority

 

(1) The appeal committee referred to in section 24A(3) of the Act, shall be appointed within 30 days of receipt of the notice referred to in the said section.

 

(2)        The appeal committee—

(a) shall determine the procedure for its hearings;
(b) may, if it deems necessary, call for oral evidence or argument or summon any person who—
(i) in its opinion may be able to give information concerning the subject of the appeal; or
(ii) it believes has in his or her possession or under control any document which has a bearing on the subject of the appeal, to appear before it at a time and place specified in the summons, to be asked questions or to produce any such document; and
(c) shall, if it calls for oral evidence or argument—
(i) determine the date, time and place for the appeal and shall communicate these in writing to the appellant and the Minister; and
(ii) administer an oath to or accept an affirmation from any person called as a witness at the appeal.

 

(3) Persons appearing before an appeal committee may be represented by a legal practitioner.

 

(4) The Appeal Committee may—
(a) set aside or confirm the decision of the Authority;
(b) vary the decision of the Authority;
(c) direct the Authority to reconsider any matter; or
(d) make any finding that is just and equitable in the circumstances.

 

 


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