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Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013)

Regulations

Regulations under section 43(3)

Part 1 : Regulations

6. Appeals against decision of provincial head

 

(1) A person affected by the decision of the provincial head regarding the non-issue or withdrawal of a letter of recognition as provided for in section 20(1) of the Act and who wishes to lodge an appeal against that decision, must within 14 days of receipt of the decision, lodge an appeal in terms of section 20(1)(b) of the Act in a form that corresponds substantially with Form 5 in PART 2.

 

(2) An appeal referred to in subregulation (1)—
(a) must be lodged with the MEC of the province within which such decision was made;
(b) may be delivered by hand, post, fax or electronic mail and should there be a dispute regarding the delivery of such an appeal, the appellant will be required to produce proof of delivery of the appeal;
(c) must be accompanied by the documents required in Form 5 in PART 2; and

 

(3) When lodging an appeal as provided for in subregulation (1), such a person or a person acting on his or her behalf must also include a copy of the written reasons furnished by the provincial head for such decision.

 

(4) The MEC of the province within which the appeal is lodged must, within 30 days upon receipt of the person’s appeal, confirm or vary or set aside that decision.

 

(5) In dealing with the appeal provided for in subregulation (1), the MEC may require further information from the provincial head, victim, accredited organisation or investigating police official when considering such an appeal.

 

(6) The MEC must, within 14 days of his or her decision contemplated in subregulation (4), communicate in writing, with the person who lodged the appeal, of his or her decision and provide reasons for such decision.