| (1) |
Any person aggrieved by a decision of a Court of Marine Enquiry who contemplates appealing to a High Court under section 292 of the Act may apply to the Director-General for a copy of the report transmitted to him in terms of regulation 21(3). Such application shall be made in writing, shall state an address to which the report may be posted or the name of the person to whom it may be delivered and shall be delivered at the office of the Director-General or posted so as to reach the Director-General not later than fourteen days after the delivery of the decision of the Court at the conclusion of the investigation. The Director-General shall cause a copy of the report to be posted to the applicant at the address stated or to be delivered to the person named, upon payment by the applicant of a fee calculated at R1,10 per A4 page, but subject to a minimum fee of R35. |
| (2) |
An appeal may be noted by any person other than the Director-General within thirty days after the posting to him or the delivery to the person named of the copy of the report, and by the Director-General within thirty days after the receipt by him of the report transmitted in terms of regulation 21(3). |
| (3) |
An appeal shall be noted by the service upon the Director-General and every other person who was a party to the proceedings of a notice of appeal and, unless the High Court to which appeal is made otherwise directs, by giving security to the satisfaction of the Registrar of that Court for the respondent's costs of appeal to the amount of R10 000: Provided that no security shall be required from the State or the Authority. |
| (4) |
A notice of appeal shall state— |
| (a) |
the High Court to which the appeal is noted; |
| (b) |
whether the whole or part only of the decision is appealed against, and if part only, then what part; and |
| (c) |
the grounds of appeal, specifying the findings of fact or rulings of law appealed against. |
| (5) |
Whenever an appeal has been noted, the Director-General shall forthwith transmit a copy of the notice of appeal to the person who was the presiding officer of the Court, who shall, within seven days of the receipt thereof by him, transmit to the Director-General a statement, in writing, showing (so far as may be necessary having regard to any written decision already delivered by him or by the Court and to the report referred to in regulation 21)— |
| (i) |
the facts the Court found to be proved; |
| (ii) |
the grounds upon which the Court arrived at any finding of fact specified in the notice of appeal as appealed against; and |
| (iii) |
his reasons for any ruling of law so specified as appealed against. |
The statement shall become part of the record.
| (6) |
Any party may apply to the Director-General for a copy of the statement referred to in paragraph (5). The application shall be made in writing, shall state an address to which the statement may be posted or the name of the person to whom it may be delivered, and shall be accompanied by a fee of R35. The Director-General shall cause a copy of the statement to be posted to the applicant at the address stated or to be delivered to the person named. |
| (7) |
The Director-General shall, within seven days after he receives notice that the appeal has been set down for hearing, cause to be transmitted to the Registrar of the High Court the record of the proceedings before the Court of Marine Enquiry, including the notes of evidence, the decisions, the report by the presiding officer and any reasons and other documents transmitted to the Director-General in terms of regulation 21(3), and the statement referred to in paragraph (5). |
| (8) |
Subject to the provisions of this regulation, an appeal shall be prosecuted within the period and in accordance with the practice and rules which apply in the High Court to which appeal is made in respect of appeals in civil cases from Magistrates' Courts, and if the appeal is to a Local Division of the High Court which has no jurisdiction to hear appeals in civil cases from the Magistrates' Courts, the appeal shall be prosecuted within the period and in accordance with the practice and rules which apply in respect of such appeals in the Provincial Division of the Province within which that Local Division exercises jurisdiction, and in default of such prosecution, the appeal shall be deemed to have lapsed, unless that High Court shall see fit to make an order to the contrary. |
| (9) |
The judgment of the High Court to which appeal is made may be enforced as if it had been given in the Court appealed from. |
[Regulation 22 substituted by regulation 16 of Notice No. R. 777 dated 5 August 2005]
Housing Development Agency Act, 2008
