(1)
| (a) |
An appellant and the administering officer or the WCA, as the case may be, shall when requested thereto in writing by the Director-General, in writing and within the period specified in that request, nominate the persons who in terms of section 22(3)(a)(ii) of the Act shall serve on the appeal Authority concerned. |
| (b) |
The persons nominated as appeal Authority members by the appellant and the administering officer or the WCA shall command sufficient knowledge of such technical and scientific subject matter of the Act and its subordinate legislation as will probably be in issue in the appeal. |
| (2) |
The following persons shall not be appointed as an appeal Authority member— |
| (a) |
a person whose independence, objectivity and impartiality could be perceived to be compromised by a direct or indirect interest in the appeal or by a business, personal or financial interest in a party to the appeal; |
| (b) |
an advocate or an attorney who has rendered or who renders legal services to the appellant or the administering officer or the WCA. |
| (3) |
An appeal Authority member may not receive remuneration from the appellant or the administering officer or the WCA. |
| (4) |
An appeal shall be initiated by the lodging of a paginated and indexed founding affidavit which— |
| (a) |
specifies the decision or direction appealed against; |
| (b) |
clearly and concisely states the grounds upon which the appeal is based and the facts relevant to those grounds; |
| (c) |
has attached thereto documents in support of those grounds and to which reference is made in the founding affidavit; |
| (d) |
clearly and concisely states the form of the relief sought. |
| (5) |
The founding affidavit shall be lodged with the Director-General and with the administering officer or the WCA within 90 days after the date upon which the appellant concerned has been notified in writing of that decision or direction and shall be accompanied by proof of payment of the prescribed fees for the appeal. |
| (6) |
If the administering officer or the WCA opposes the appeal, the opposition shall be in the form of a paginated and indexed answering affidavit which— |
| (a) |
clearly and concisely states the grounds upon which the appeal is opposed and the facts relevant to those grounds; |
| (b) |
has attached thereto documents in support of those grounds and to which reference is made in the answering affidavit. |
| (7) |
The answering affidavit shall be lodged with the chair of the appeal Authority and the appellant within 30 days after the date upon which the appeal Authority was appointed. |
| (8) |
The appellant may answer the answering affidavit in a paginated and indexed replying affidavit which— |
| (a) |
shall not introduce new grounds of appeal; |
| (b) |
is strictly limited to the facts traversed in the answering affidavit; |
| (c) |
has attached thereto documents in support of those grounds and to which reference is made in the replying affidavit. |
| (9) |
The replying affidavit shall be lodged with the chair of the appeal Authority and with the administering officer or the WCA within 10 days after the date upon which the answering affidavit is lodged. |
| (10) |
No further affidavits shall be lodged without leave of the appeal Authority. |
| (11) |
The affidavits and annexures thereto shall be lodged in hard copy and PDF format. |
| (12) |
A party to the appeal shall not approach or communicate with the appeal Authority or a member of the appeal Authority in the absence of the opposing party unless the opposing party has expressly agreed thereto in writing. |
| (13) |
A party to an appeal and the legal representatives of such a party shall deal with the opposing party, opposing legal representatives, the officials of the Department and the members of the appeal Authority with civility, courtesy and respect. |
| (14) |
If a party or the legal representatives of a party— |
| (a) |
approaches or communicates with the appeal Authority or a member of the appeal Authority in the absence of the opposing party without the express agreement in writing of the other party; or |
| (b) |
fails to deal with the opposing party, opposing legal representatives, the officials of the Department or the members of the appeal Authority with civility, courtesy and respect, the appeal Authority may, where such conduct by the appellant is shown, dismiss the appeal and where such conduct by the administering officer or the WCA is shown, dismiss the opposition to the appeal and proceed to decide the appeal on the founding affidavit. |
| (15) |
In order to expedite or facilitate the appeal the chair of the appeal Authority may from time to time issue such procedural directives as he or she deems fit in and relating to the appeal, such directives may include— |
| (a) |
the form of communications between the parties and the appeal Authority; |
| (b) |
the form of interlocutory applications in the course of the appeal; |
| (c) |
the form of the appeal; |
| (d) |
written argument by the parties on one or more issues in interlocutory applications and in the appeal; |
| (e) |
oral argument by or on behalf of the parties at interlocutory applications and at the appeal and, if oral argument is directed, the date, time, format and venue for such oral argument; |
| (f) |
the time periods for compliance with such directives. |
| (16) |
The chair of the appeal Authority may invite the parties to agree to an appropriate procedure for the appeal and matters incidental thereto and to incorporate that agreement in a directive. |
| (17) |
The appeal Authority may, on written application made within 7 days of the date of the expiry of a time period stipulated by the chair of the appeal Authority and on good cause shown— |
| (a) |
grant condonation for non-compliance with a procedural directive by the chair of the appeal Authority; and |
| (b) |
stipulate a final time period for compliance with such a directive. |
| (18) |
If a party fails to comply with a procedural directive within the time period stipulated by the chair of the appeal Authority, or within a final time period for compliance with a directive stipulated by the appeal Authority pursuant to an application for condonation, the appeal shall— |
| (a) |
in the case of a failure by the appellant, lapse; and |
| (b) |
in the case of a failure by the administering officer or the WCA, be decided on the founding affidavit. |
| (19) |
An appeal that has lapsed shall not be reinstated. |
| (20) |
A decision by the appeal Authority shall— |
| (a) |
in the case of interlocutory and condonation applications be made within 7 days of the consideration or hearing of the application; |
| (b) |
in the case of the appeal be made within 30 days of the consideration or hearing of the appeal; |
| (c) |
state whether the decision is unanimous or by a majority of the members; |
| (d) |
furnish reasons for the decision and for a dissenting decision, if any; |
| (e) |
be written and signed by the members of the appeal board; |
| (f) |
be lodged with the Director-General by the chair of the appeal board; |
| (g) |
within 7 days be furnished to the parties by or on behalf of the Director-General. |
| (21) |
A decision by the appeal Authority in and relating to the appeal and any issue in the appeal shall be final and binding on all parties, including the Department. |
[Regulation 58 substituted by regulation 43 of Notice No. R. 5976, GG52263, dated 14 March 2025]
National Nuclear Regulator Act, 1999
