| (1) |
An appeal in terms of section 19 of the Act shall— |
| (a) |
be lodged with the Minister in writing within thirty (30) days from the date on which the appellant was notified in writing of the decision or action concerned; |
| (b) |
state the reference number and the date of the document by means of which such appellant was notified of that decision or action; |
| (c) |
state the grounds on which the appeal is based; and |
| (d) |
be accompanied by the fee specified in Table 2 of the Annexure. |
| (2) |
The appellant shall submit a copy of the appeal lodged in terms of sub-regulation (1) above to the registrar. |
| (3) |
The appeal board may request the appellant and any other party to appear before the appeal board to clarify any issue on appeal. |
| (4) |
The appellant, and any party referred to in sub-regulation (3), shall be notified in writing by the chairperson of the appeal board not less than seven (7) days in advance of the date, time and place at which he or she is to appear before the appeal board. |
| (5) |
The chairperson may, for the purpose of a hearing provided for in sub-regulation (3), request that new scientific or technical evidence or any other information that is, in the opinion of the appeal board, directly applicable to the appeal be lodged with the chairperson in writing within such period as the chairperson may determine. |
| (6) |
The appellant shall set out the particulars of each ground upon which the appeal is based and serve a copy on the registrar and such other party as the chairperson may direct and thereafter furnish the chairperson and the registrar with proof of such service. |
| (7) |
At a hearing provided for in sub-regulation (3)— |
| (a) |
the chairperson may – |
| (i) |
summon any person who may give material information concerning the subject matter of the appeal or who has in his or her possession or custody or under his or her control any document which has any bearing upon the subject matter of the appeal, to appear before the appeal board to be interrogated or produce that document, and the registrar may retain for examination any document so produced; |
| (ii) |
administer an oath to or accept an affirmation from any person called as a witness at the hearing; and |
| (iii) |
call as a witness, any person summoned in terms of paragraph (a)(i) and interrogate him or her and require him or her to produce any document in his or her possession or custody or under his or her control. |
| (b) |
any person referred to in sub-regulation (3) shall be allowed to: |
| (i) |
call witnesses during the hearing and to cross-examine other witnesses; and |
| (ii) |
notify his or her witness of the date, time and place of the hearing and to ensure their presence at the hearing. |
| (c) |
the appellant shall be allowed to present his or her case first and to call witnesses; and |
| (d) |
any other person referred to in sub-regulation (3) shall then be allowed to present his or her case and call witnesses. |
| (8) |
The appellant and any other party referred to in sub-regulation (3) shall be entitled to legal representation during any appearance before the appeal board. |
| (9) |
If a person appointed on the appeal board— |
| (a) |
dies during the investigation of the appeal or so soon before the commencement of the investigation that the vacancy cannot be filled in time; |
| (b) |
is unable to act and another person cannot be appointed in time; or |
| (c) |
is, after the investigation has commences, unable to continue therewith, |
the parties may agree that the investigation be continued by the remaining members, and where the member who has died or has become incapacitated was or is the chairperson of the board, the Minister shall designate one of the remaining members to act as the chairperson.
| (a) |
If the parties do not agree under sub-regulation (9), the investigation shall be adjourned to enable the Minister to appoint a member, in accordance with section 19(2)(a), in the place of the member who has died or has become incapacitated. |
| (b) |
Where an appointment has been made under sub-regulation 10(a), the investigation shall, if the parties so agree, be continued as from the stage at which the investigation was interrupted by the death or incapacitation of a member, or shall, if the parties do not so agree, be commenced de novo. |
| (11) |
An appeal board shall provide the Minister and the registrar with a decision and reasons for the decision, of the appeal within ninety (90) days from the date that the appeal board has received the relevant documentation pertaining to the appeal. |
| (12) |
After the Minister has made a final decision, the registrar shall make the decision, together with the reasons therefore, available to all parties directly involved in the appeal and the public within thirty (30) days. |
Employment of Educators Act, 1998
