National Small Business Act, 1996 (Act 102 of 1996)
R 385
Military Pensions Act, 1976 (Act No. 84 of 1976)16. Military pensions appeal tribunal |
| (1) | The Minister shall, on such, conditions as he may determine with the concurrence of the Minister of Finance, appoint a military pensions appeal tribunal which shall consider appeals in terms of section 14(1)(b). |
| (2) | The appeal tribunal shall consist of— |
| (a) | an advocate of the Supreme Court of South Africa of at least five years' standing, who shall be the president; and |
| (b) | two members who have had military service. |
| (3) | In considering an appeal in terms of section 14(1)(b)— |
| (a) | the appeal tribunal may inspect all documents in the possession or under the control of the Director-General which may refer to the appeal; |
| (b) | the procedure shall be as prescribed. |
| (4) | The appeal tribunal considering an appeal in terms of section 14(1)(b) may confirm or reverse any decision of the Director-General under appeal and substitute for it such decision as the Director-General, in the opinion of the appeal tribunal, should have given. |
(5)
| (a) | [Section 16(5)(a) deleted by section 65(a) of Act No. 88 of 1996 (Notice No. 1888, GG 17599, dated 22 November 1996)] |
| (b) | The appeal tribunal may, on the production of fresh material evidence, set-aside any decision which it gave in respect of an appeal and thereupon reconsider the appeal as if no decision thereon was previously given by the appeal tribunal. |
(6)
| (a) | If a point of law arises in the consideration of an appeal, the appeal tribunal may on application by the appellant or the Director-General state a case for the determination of such question of law by the provincial division of the Supreme Court of South Africa having jurisdiction over the area within which the sitting of the appeal tribunal was held. |
| (b) | [Section 16(6)(b) deleted by section 65(b) of Act No. 88 of 1996 (Notice No. 1888, GG 17599, dated 22 November 1996)] |
[Section 16 substituted by section 18 of Act No. 96 of 1983 (Notice No. 1523, GG 8809, dated 13 July 1983)]
