Trade Marks Act, 1993
R 385
National Forests Act, 1998 (Act No. 84 of 1998)Chapter 6A : Appeal57D. Investigation and consideration of appeal by Appeal Committee |
| (1) | The Minister may refer an appeal to the Appeal Committee. |
| (2) | An appeal must be heard on the date, time and place determined by the chairperson. |
| (3) | The chairperson must inform the appellant and any other party that has an interest in the appeal in writing of the date, time and place of the hearing. |
| (4) | The chairperson may, for the purpose of the hearing of an appeal— |
| (a) | summon any person who may have material information concerning the subject of the hearing 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 of the hearing, to appear before the Appeal Committee at a date, time and place specified in the summons, to be questioned or to produce that document, and the chairperson may retain for examination any document so produced; and |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at the hearing. |
| (5) | A person who appeals in terms of section 57A may be represented by any person. |
| (6) | If a member of the Appeal Committee— |
| (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 commenced, unable to continue therewith, |
the parties may agree that the investigation be continued by the remaining members of the Appeal Committee.
| (7) | Where the member of the Appeal Committee who has died or has become incapacitated as envisaged in subsection (5) was the chairperson of the Appeal Committee, the Minister must designate one of the remaining members of the Appeal Committee to act as chairperson, until the Minister appoints a chairperson. |
| (8) | Any person appointed in terms of section 57B and 57C(3) must recuse himself or herself as a member of the Appeal Committee if he or she has any direct or indirect personal interest in the outcome of the appeal. |
| (9) | The Appeal Committee must make recommendation to the Minister on its decision regarding an appeal. |
[Section 57D 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]
