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Intelligence Services Act, 2002 (Act No. 65 of 2002)

Intelligence Services Regulations, 2003

Chapter XXIV : Restrictions of Former Members

5. Appeals

 

 

1) Right to appeal
a) A former member may appeal to the Minister against the decision of the Director-General or CEO, as the case may be, in terms of regulations 3 or 4.
b) The appeal must be lodged with the Minister within a period of 30 consecutive days upon receipt of the decision of the Director-General or CEO, as the case may be.

 

2) Appeal format
a) An appeal against a decision of the Director-General or CEO, as the case may be, must be lodged according to form 3 contained in Appendix A.
b) The appeal format must set out the relevant facts concisely as well as the grounds for the appeal.
c) An appeal against a decision of the Director-General or CEO, as the case may be, must be accompanied by the record of the hearing contemplated in regulation 3.
d) The appeal must be served on the Director-General or CEO, as the case may be.
e) The Director-General or CEO, as the case may be, must forward all relevant documentation to the Minister and former member who applied within a period of twenty (20) consecutive days upon receipt of the appeal.
f) The former member may supplement his or her appeal within a period of fourteen (14) consecutive days upon receiving documentation in terms of regulation 5(2)(e).

 

3) The decision of the Minister

The Minister concludes the appeal by informing the former member who applied and the Director-General or CEO, as the case may be, of his or her decision in writing.