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Sheriffs Act, 1986 (Act No. 90 of 1986)

Chapter V : General

61. Appeal to court against decisions of disciplinary committee or Board

 

(1)        Any sheriff aggrieved by—

(a) the cancellation of his fidelity fund certificate by the Board under section 34(1);
(b) a finding made or penalty imposed by a disciplinary committee or the Board in the performance of its functions in accordance with Chapter IV; or
(c) the exercise of a power by the Board in considering an appeal in terms of section 18(3)(b) ,

[Section 61(1)(c) substituted by section 19 of Act No. 74 of 1998]

may, after notice to the Board and within 60 days after the date on which that fidelity fund certificate has been cancelled, that finding has been made or penalty has been imposed or that power has been exercised, as the case may be, appeal against the decision in question to the superior court having jurisdiction in the area where the head office of the Board is situated.

 

(2) The court shall examine and consider an appeal lodged with it in accordance with subsection (1), and may—
(a) if it is of the opinion that the disciplinary committee or Board, as the case may be, has not acted in accordance with the provisions of this Act, set aside the decision appealed against or substitute therefor any other decision which the disciplinary committee or Board could have made;
(b) confirm the decision appealed against; or
(c) give such other order, including any order as to costs, as it may consider fit.

 

 


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