A party to a dispute decided by the Appeals Tribunal in terms of clause 34 may within 21 days of the date of the Appeals Tribunal's decision appeal to any provincial or local division of the High Court of South Africa having jurisdiction against the Appeals Tribunal's finding by lodging with the registrar of the court concerned a notice of appeal setting out in full the grounds of appeal, in which event—
| (a) |
the appellant shall, on the same day or before notice of appeal is so lodged, deliver to the secretary of the Appeals Tribunal a copy of the notice of appeal; |
| (b) |
the secretary of the Appeals Tribunal shall within 30 days of the date on which the notice of appeal is delivered to him deliver to the registrar of the court concerned in triplicate— |
| (i) |
the record of the proceedings of the Appeals Tribunal comprising copies of all notices and documents filed on behalf of the parties to the proceedings, a copy of all documentary evidence admitted in the proceedings, a written transcript of the oral evidence and a copy of the statement of the decision and order of the Appeals Tribunal; and |
| (ii) |
a statement of the reasons for the Appeals Tribunal's finding; |
| (c) |
the appellant shall on request pay to the Appeals Tribunal the reasonable cost, as determined by the Appeals Tribunal, of preparing and copying the documents referred to in paragraph (b); |
| (d) |
the appeal shall be prosecuted as if it were an appeal from a judgment of a Magistrate's Court in a civil matter and all rules applicable to an appeal from such a judgment shall mutatis mutandis apply to the appeal against the finding of the Appeals Tribunal; and |
| (e) |
the court hearing the appeal may— |
| (i) |
confirm the finding of the Appeals Tribunal; or |
| (ii) |
set aside such finding; or |
| (iii) |
substitute its own finding for that of the Appeals Tribunal; and |
| (iv) |
make such order as to costs as it deems meet. |
Public Holidays Act, 1994
