Intellectual Property Rights from Publicly Financed Research and
R 385
Estate Agency Affairs Act, 1976 (Act No. 112 of 1976)Chapter I : Estate Agents Board8C. Appeal against decisions of committee of inquiry |
| 1) | Any person who feels aggrieved by any decision taken by a committee of inquiry in the exercise of its powers and the performance of its functions under section 8B(2), may, subject to subsection (3), within 30 days after the committee of inquiry - |
| a) | has informed that person in writing of the decision and upon payment of the prescribed fee request the committee of inquiry in writing to furnish him or her in writing with its reasons for the decision; |
| b) | has in accordance with paragraph (a) furnished that person with its reason for the decision and after notice to the committee of inquiry, appeal to the board against the decision in the prescribed manner. |
| 2) | The board shall hear the appeal against the decision of the committee of inquiry in the prescribed manner and may after considering the appeal - |
| a) | confirm, amend or reverse the decision; |
| b) | remit the matter for further hearing, with such instructions as regards the taking of further evidence or otherwise as the board may deem necessary; |
| c) | confirm or suspend any penalty imposed; |
| d) | set aside any penalty imposed and impose any other penalty contemplated in section 30(3); |
| e) | make an order contemplated in section 30(7)(a). |
| 3) |
| a) | If a committee of inquiry has found an estate agent not guilty on a charge of conduct deserving of sanction, any person who lodges an appeal against the decision to the board shall pay to the board a deposit, in an amount determined by the board, to cover the costs of the board and the estate agent concerned in respect of the appeal. |
| b) | The deposit contemplated in paragraph (a) shall be refunded in full if the appeal is successful or partly successful. |
| 4) | A court may, on application by the board, order that a decision of, or penalty imposed by, a committee of inquiry not be stayed or suspended pending an appeal to the board, if the court considers such an order to be in the public interest. |
