| (a) |
An applicant for, or the holder of any class of medical certificate who feels aggrieved by— |
| (i) |
a decision by the designated body or institution to cancel his or her medical certificate; |
| (ii) |
a decision by a designated aviation medical examiner, declaring him or her unfit or temporarily unfit; |
| (iii) |
any endorsement made by the designated body or institution on his or her medical certificate; or |
| (iv) |
any endorsement made by a designated aviation medical examiner on his or her medical certificate, |
may appeal against such decision or endorsement to the Director in the manner and on the payment of the fees prescribed by the Minister.
| (b) |
Such appeal must be lodged within 60 days— |
| (i) |
after receipt of the reasons for the decision; or |
| (ii) |
after or he or she became aware of such decision or endorsement. |
| (2) |
An appeal lodged in terms of this section must be considered and decided by the Director assisted by at least two medical practitioners, one of whom must have experience in aviation medicine. |
| (3) |
An appeal in terms of subsection (2) must be considered and decided by the Director within 60 days of receipt thereof. |
| (4) |
After considering an appeal the Director may, in agreement with the medical practitioners, confirm the decision in respect of which the appeal was lodged or give such other decision as the Director and the medical practitioners may consider equitable. |
| (5) |
Any person affected by a decision referred to in subsection (4) may appeal to any provincial or local division of the High Court having jurisdiction against a decision. |
| (6) |
An appeal referred to in subsection (5) must be noted and proceeded with as if it were an appeal against a judgment of a magistrate's court in a civil case, and all rules applicable to such an appeal must apply to an appeal in terms of this subsection. |
| (7) |
The person appealing in terms of subsection (1) is entitled to legal representation. |
| (8) |
The procedure for the lodging and prosecution of appeals in terms of subsection (1) is prescribed. |
| (9) |
The Director may on good cause shown condone any non-compliance with the time period referred to in subsection (1). |
| (10) |
An appeal lodged in terms of this section does not suspend the decision or endorsement in respect of which the appeal is lodged. |
Administration of Estates Act, 1965
