| (1) |
A person may apply for a permit by lodging an application on the prescribed form to the authority. |
| (a) |
request the applicant to furnish any additional information before it considers the application; |
| (b) |
require the applicant to comply with such reasonable conditions as it may impose before it grants the application; |
| (c) |
issue a permit unconditionally or issue it subject to conditions; |
[Section 88(2)(c) amended by section 23 of Act No. 14 of 2013]
[Section 88(2)(d) amended by section 23 of Act No. 14 of 2013]
| (e) |
defer a decision to issue a permit if the applicant is under investigation for the contravention or failure to comply with any provision of this Act, until such time that the investigation is concluded and— |
| (i) |
no prosecution in respect of such contravention or failure is instituted against the applicant concerned; |
| (ii) |
the applicant concerned is acquitted or found not guilty, if a prosecution in respect of such contravention or failure has been instituted; or |
| (iii) |
the applicant concerned has been convicted by a court of law of an offence in respect of such contravention or failure and the applicant has in respect of the conviction exhausted all the recognised legal proceedings pertaining to appeal or review. |
[Section 88(2)(e) inserted by section 23 of Act No. 14 of 2013]
| (3) |
A decision of the issuing authority to issue or refuse a permit or to issue it subject to conditions, must be consistent with— |
| (a) |
the applicable provisions of this Act; |
| (d) |
any other relevant plans adopted or approved in terms of Chapter 3; |
| (e) |
any applicable international agreements binding on the Republic; |
| (f) |
the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000); |
| (g) |
any requirements that may be prescribed. |
| (4) |
If compulsory conditions are prescribed for any kind of permit, an issuing authority may not issue a permit of that kind other than subject to those conditions. |
| (5) |
If an application is rejected, the issuing authority must give reasons for the decision in writing to the applicant. |
[Section 88 commenced 1 April 2005 (Proclamation No. R. 47, Gazette No. 26887)]
Exchange Control Amnesty and Amendment of Taxation Laws Act, 200
