| (1) |
The Appeal Committee must consist of at least three members appointed by the Minister, on an ad hoc basis and when necessary, of whom— |
| (a) |
one person must be appointed on account of his or her knowledge in the relevant fields of the law; and |
| (b) |
two or more persons must have expert knowledge on the subject of the appeal. |
| (2) |
The person referred to in subsection (1)(a) must be designated as the chairperson of the Appeal Committee. |
| (3) |
The Minister must appoint the members for a determined period through an open and transparent process. |
| (4) |
The chairperson and the other members of the Appeal Committee must, for each day or part of a day in any month on which the duties attached to the office concerned were performed, be remunerated and paid a travelling and subsistence allowance, at such daily rate as the Minister in consultation with the Minister of Finance may determine from time to time. |
| (5) |
In order to be eligible for appointment or designation as a member of the Appeal Committee, and to continue to hold that office, a person must— |
| (a) |
not be subject to any disqualification set out in subsection (6); and |
| (b) |
have submitted to the Minister a written declaration stating that the person— |
| (i) |
is not disqualified in terms of subsection (6); and |
| (ii) |
does not have any personal interests, or interest through a spouse, partner or associate. |
| (6) |
A person may not be a member of the Appeal Committee if that person— |
| (a) |
is an unrehabilitated insolvent or he or she becomes insolvent and the insolvency results in the sequestration of that person’s estate; |
| (b) |
has ever been, or is, removed from an office of trust on account of a guilty finding in respect of a complaint of misconduct related to fraud or the misappropriation of money; |
| (c) |
is subject to an order of a competent court holding that person to be mentally unfit; |
| (d) |
within the previous 10 years has been, or is, convicted in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), an offence under the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), or an offence involving dishonesty; or |
| (e) |
has been convicted of any other offence committed after the Constitution of the Republic of South Africa, 1996, took effect, and sentenced to imprisonment without an option of a fine. |
| (7) |
A member of the Appeal Committee must not— |
| (a) |
engage in any activity that may undermine the integrity of the Appeal Committee; |
| (b) |
attend, participate in or influence the proceedings of the Appeal Committee, if, in relation to the matter before the Appeal Committee, that member has an interest that precludes that member from performing the functions of a member of the Appeal Committee in a fair, unbiased and proper manner; |
| (c) |
make private use of, or profit from, any confidential information obtained as a result of performing that person’s functions as a member of the Appeal Committee; or |
| (d) |
divulge any information referred to in paragraph (c) to any third party, except as required as part of that person’s official functions as a member of the Appeal Committee. |
| (8) |
If, at any time, it appears to a member of the Appeal Committee that a matter being considered by the Appeal Committee during proceedings concerns an interest of that member referred to in subsection (7)(b), that member must— |
| (a) |
immediately and fully disclose the nature of that interest to the members present; and |
| (b) |
withdraw from the proceedings to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter. |
| (9) |
The disclosure by a member of the Appeal Committee in terms of subsection (8)(a), and the decision by the Appeal Committee in terms of subsection (8)(b), must be expressly recorded in the records of the proceedings in question. |
[Section 57B inserted by section 14 of the National Forests Amendment Act, 2022 (Act No. 1 of 2022), Notice No. 1131, GG46650, dated 1 July 2022 - effective 4 December 2024 per Commencement Proclamation 233 of 2024]
Gold Membership
