Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988)13. Appeals |
| 1) | There shall be a right of appeal by any person affected by-- |
| a) | a notice under section 8A or 12(1)(b), (c) or (d); or |
| b) | any notice, direction or measure of a competent authority in terms of such provisions of provincial legislation as have been designated for the purposes of this paragraph by the Minister by notice in the Gazette, |
to a special court.
| 2) |
| a) | In this subsection 'fixed date' means the date on which the Harmful Business Practices Amendment Act, 1998, comes into operation. |
| b) | The President may by proclamation in the Gazette establish a permanent special court with a permanent registrar, operating on an ad hoc basis, with jurisdiction in the area of jurisdiction of a High Court. |
| c) | The President may by proclamation in the Gazette determine the date of dissolution of a special court established before the fixed date. |
| d) | Until a special court contemplated in paragraph (c) is dissolved, any reference to a 'special court' in this Act shall be construed as a reference to such a court. |
| e) | Any application or matter referred to the special court referred to in paragraph (c) before the fixed date and which has not been disposed of on that date, shall be continued and disposed of by that special court. |
| 3) | A special court shall consist of-- |
| a) | a president, who shall be a judge of a High Court designated by the Chief Justice; and |
| b) | two other members appointed by the President by proclamation in the Gazette from the nominees contemplated in subsection (3C). |
| 3A) | The Minister shall invite interested parties, by notice in the Gazette and an advertisement in the media regarded by the Minister as appropriate, to nominate candidates who have special knowledge or experience of consumer advocacy, economics, or industrial, commercial or financial matters, within 21 days after the publication of such notice, for consideration as members of the court. |
| 3B) | The names of the nominees shall thereafter be published in the Gazette and media contemplated in subsection (3A) for comment. |
| 3C) | The Minister may-- |
| a) | interview the nominees referred to in subsection (3B) and such interviews shall be open to the public; and |
| b) | compile a final list of nominees for consideration by the President. |
| 3D) | No person shall be appointed or remain a member of the court if he or she-- |
| a) | is not a citizen of the Republic resident in the Republic; |
| b) | is a public servant; |
| c) | at the relevant time is, or during the preceding 12 months was, an office bearer, serving public representative or employee of any party, movement, organisation or body of a party-political nature; |
| d) | is an unrehabilitated insolvent; |
| e) | has before the commencement of this Act been convicted of an offence for which he or she has been sentenced to imprisonment without the option of a fine, unless the President, having due regard to the nature of the offence and the circumstances of the case, is satisfied on the reasonable ground that such person is fit and proper to be so appointed; |
| f) | has at any time been removed from an office of trust on account of misconduct or dishonourable conduct; |
| g) | is of unsound mind; or |
| h) | is a member of a competent authority. |
| 3E) | No person shall remain a member of the court if he or she fails to disclose an interest or an interest of his or her spouse, immediate family member, business partner or associate or employer which would require him or her to be recused. |
| 3F) | If at any stage during the hearing of an appeal, one of the members of the special court dies or becomes otherwise incapable of acting, the hearing shall be adjourned and commenced de novo before a newly constituted special court. |
| 4) | A member of a special court appointed under subsection (3)(b)- |
| a) | who is not in the full-time service of the State, shall be paid such remuneration and allowances as the Minister may determine after consultation with the Minister of Justice and with the concurrence of the Minister of Finance; |
| b) | shall vacate his office if he resigns as a member or if the President at any time terminates his period of office as a member if in the opinion of the President there are sound reasons for doing so. |
| 5) |
| a) | An appeal in terms of this section shall be lodged with the Minister in writing within six weeks after the date of publication of the notice, direction or measure to which the appeal relates or, if no notice is published, the date of the order of a court dealing with consumer matters and established by a provincial legislation and shall set forth the grounds on which the appeal is based. |
| b) | The Minister shall as soon as practicable after the lodging of an appeal with him, give notice of that lodging in the Gazette. |
| 6) | The date, time and place for the hearing of an appeal shall be determined by the president of the special court concerned and shall be made known in writing to the appellant by the Minister not less than 30 days before that date. |
| 7) | At the hearing of an appeal, the Minister may be represented by a person designated by him, and the appellant may appear in person or be represented by his advocate, attorney or agent. |
| 8) | A hearing may from time to time be adjourned by the president of the special court concerned to such date, time and place as he may deem fit. |
| 9) | The sittings of a special court shall be held in public, but the president of the court may exclude from being present thereat or direct to withdraw therefrom any person whose attendance is not necessary. |
| 10) | A special court may after consideration of an appeal, confirm or set aside the notice, direction or measure to which the appeal relates or, if no notice is published, the date of the order of the court contemplated in subsection (5)(a), or amend it in such manner as it may deem equitable, and may make such orders as to costs as it may deem just. |
| 11) | The decision of the majority of the members of the special court shall be the decision of the court, but the president alone shall decide any question of law, and whether any matter constitutes a question of law or a question of fact, and for that purpose he or she shall sit alone. |
| 12) | An order in relation to costs made by a special court shall have effect and may be enforced as if it had been given in the course of proceedings before the High Court referred to in subsection (2). |
| 13) |
| a) | The decision of a special court shall be subject to appeal. |
| b) | The provisions of section 86A of the Income Tax Act, 1962 (Act No. 58 of 1962), shall apply mutatis mutandis to an appeal from the special court, and a reference in the Afrikaans text of that section to the 'Voorsitter van die spesiale hof' shall be construed as a reference to the 'president van die spesiale hof' and a reference in that section to the 'Commissioner' as a reference to the 'Minister' or the 'curator' concerned, as the case may be. |
| 14) | An order of a special court confirming, setting aside or amending the notice, direction or measure to which the order relates, shall be made known by the Minister by notice in the Gazette, and any amendment made to a notice, direction or measure by such an order shall have effect as if it were-- |
| a) | an amendment made under section 12(4)(d); or |
| b) | a notice, direction or measure made under provincial legislation that has been designated for the purposes of subsection (1)(b) by the Minister by notice in the Gazette. |
| 15) | Sections 84 and 85 of the Income Tax Act, 1962 (Act No. 58 of 1962), and the regulations made under the said section 84, shall mutatis mutandis apply with reference to a special court. |
