Statistics Act, 1999
R 385
Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)Chapter 4 : Compliance and Enforcement45D. Appeal |
| (1) |
| (a) | Any institution or person may appeal against a decision of the Centre or supervisory body made in terms of section 45C(6) to the appeal board. |
| (b) | An appeal must be lodged within 30 days in the manner, and on payment of the fees, prescribed by the Minister. |
| (c) | The appeal board may, on good cause shown, grant condonation to an appellant who has failed to lodge an appeal timeously as provided for in paragraph (b). |
[Section 45D(1)(c) inserted by section 34(a) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (2) | An appeal under subsection (1) shall take place on the date and at the place and time determined by the appeal board. |
| (3) | An appeal is decided on the written evidence, factual information and documentation submitted to the Centre or the supervisory body before the decision which is subject to the appeal was taken. |
[Section 45D(3) substituted by section 34(b) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3A) | Subject to subsection (4), no oral or written evidence or factual information and documentation, other than that which was available to the Centre or supervisory body and the written reasons for the decision of the Centre or the supervisory body, may be submitted to the appeal board by a party to the appeal. |
[Section 45D(3A) inserted by section 34(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3B) | Despite subsection (3), the chairperson of the appeal board may on application by— |
| (a) | the appellant concerned, and on good cause shown, allow further oral and written evidence or factual information and documentation not made available to the Centre or the supervisory body prior to the making of the decision against which the appeal is lodged; or |
| (b) | the Centre or the supervisory body concerned, and on good cause shown, allow further oral and written evidence or factual information and documentation to be submitted and introduced into the record of the appeal. |
[Section 45D(3B) inserted by section 34(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3C) | If introduction by an appellant of further oral and written evidence or factual documentation is allowed into the record of the appeal under subsection (3B)(a), the matter must be submitted to the Centre or the supervisory body in question for reconsideration. |
[Section 45D(3C) inserted by section 34(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3D) | When an appeal is submitted to the Centre or a supervisory body as contemplated in subsection (3C), the appeal is deferred pending the final decision of the Centre or the supervisory body. |
[Section 45D(3D) inserted by section 34(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (3E) | If, after the Centre or the supervisory body concerned has made a final decision as contemplated in subsection (3D), the appellant continues with the appeal by giving written notice to the appeal board, the record must include the further oral evidence properly transcribed, the written evidence or factual information or documentation allowed, and the further reasons or documentation submitted by the Centre or the supervisory body concerned. |
[Section 45D(3E) inserted by section 34(c) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (4) | For the purposes of allowing further oral evidence in terms of subsection (3B) the appeal board may— |
[Words preceding subsection (4)(a) substituted by section 34(d) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (a) | summon any person who, in its opinion, may be able to give information for the purposes of the appeal or who it believes has in his, her or its possession, custody or control any document which has any bearing upon the decision under appeal, to appear before it at a time and place specified in the summons, to be questioned or to produce that document, and retain for examination any document so produced; |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at an appeal; and |
| (c) | call any person present at the appeal proceedings as a witness and interrogate such person and require such person to produce any document in his, her or its possession, custody or control, and such a person shall be entitled to legal representation at his or her own expense. |
| (5) | The chairperson of the appeal board determines the rules of the appeal and any other procedural matters relating to an appeal. |
[Section 45D(5) substituted by section 34(e) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (6) | Any party to an appeal is entitled to be represented at an appeal by a legal representative. |
| (6A) | The chairperson of the appeal board manages the case load of the appeal board and must assign each appeal to an adjudication panel comprising of not less than three members of the appeal board. |
[Section 45D(6A) inserted by section 34(f) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (6B) | The chairperson of the appeal board appoints a chairperson of an adjudication panel who presides over the proceedings of that panel and that chairperson has a deciding vote in the case of an equality of votes. |
[Section 45D(6B) inserted by section 34(f) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (7) | The appeal board may— |
| (a) | confirm, set aside or vary the relevant decision of the Centre or supervisory body; or |
| (b) | refer a matter back for consideration or reconsideration by the Centre or the supervisory body concerned in accordance with the directions of the appeal board. |
| (8) | The decision of a majority of the members of an adjudication panel shall be the decision of the appeal board. |
[Section 45D(8) substituted by section 34(g) of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]
| (9) | The decision of the appeal board must be in writing, and a copy thereof must be made available to the appellant and the Centre or supervisory body. |
| (10) |
| (a) | If the appeal board sets aside any decision of the Centre or supervisory body, the fees contemplated in subsection (1)(b) paid by the appellant in respect of the appeal in question must be refunded to the appellant. |
| (b) | If the appeal board varies any such decision, it may in its discretion direct that the whole or any part of such fees be refunded to the appellant. |
| (11) |
| (a) | Subject to paragraph (b), a decision of the appeal board may be taken on appeal to the High Court as if it were a decision of a magistrate in a civil matter. |
| (b) | The launching of appeal proceedings in terms of paragraph (a) does not suspend the operation or execution of a decision, unless the chairperson of the appeal board directs otherwise. |
[Section 45D inserted by section 16(b) of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]
