Acts Online
GT Shield

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)

Regulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Chapter V

19. Appeals

 

1) Any person wishing to appeal against any order made by the court as contemplated in section 23(1) of the Act must, within 14 days of such order being made, deliver a notice of appeal to the clerk and the complainant or the respondent as the case may be.

 

2) The notice of appeal to the High Court having jurisdiction or the Supreme Court of Appeal, must –
a) be in writing;
b) state whether the whole or only a specific part of the orders being appealed against;
c) set out fully the finding of fact or the ruling of law appealed against; and
d) where appropriate, set out the order or orders or part thereof against which the appeal is directed and the grounds on which the appeal is founded.

 

3) A cross appeal must be noted by delivery within 15 days of the noting of an appeal to the clerk and the complainant or the respondent as the case may be.

 

4) A cross appeal must meet the requirements referred to in subregulation (2).

 

5) The presiding officer concerned must -
a) within 15 days of the noting of an appeal; or
b) if the proceedings at an inquiry were taken down or recorded in shorthand or by mechanical means, within 15 days after a transcription of the shorthand notes or mechanical record of the proceedings has been placed before such officer by the clerk concerned, but within a reasonable period after the noting of the appeal,

transmit to the clerk a statement in writing setting out -

i) the facts he or she found to be proved;
ii) his or her reasons for any finding of fact specified in the notice of appeal as appealed against; and
iii) his or her reasons for any ruling on any question of law or for the admission or rejection of any evidence so specified as appealed against.

 

6)
a) The clerk concerned must, notwithstanding the provisions of subregulation (5)(b), if the proceedings at an inquiry were taken down or recorded in shorthand or by mechanical means and an appeal has been noted, forthwith cause the shorthand notes or the mechanical record of the proceedings to be transcribed.
b) The person who noted an appeal bears the costs of the transcription contemplated in paragraph (a): Provided that if the presiding officer is satisfied that such person is unable to pay the costs, the costs or part thereof must be paid by the State.

 

7)
a) After an appeal has been noted in terms of subregulation (1) the appeal must be prosecuted as if it was an appeal against the decision of a magistrate in a civil matter, and the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court in so far as they relate to civil appeals from the magistrates’ courts apply, with the necessary changes, to any such appeal.
b) The provisions of the relevant Uniform Rules of Court with regard to an appeal from a High Court to the Supreme Court of Appeal apply with the necessary changes.