Employment of Educators Act, 1998
R 385
Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsRegulations Relating to Appeals and Applications for Exemptions, 2003Part I : Appeals4. Prosecution of appeal |
| (1) | The Authority must, within 30 days after an appellant has lodged an appeal referred to in section 30(1)(c) of the Act, and within 14 days after an appellant has lodged any other appeal, submit the appeal file to the presiding officer, containing— |
| (a) | the appellant documentation; |
| (b) | the documentation contemplated in regulation 3(3)(b) (if any); |
| (c) | the record of the improper conduct enquiry reproduced by the Authority, if it is an appeal referred to in section 30(1)(c) of the Act; |
| (d) | copies of relevant documentation in possession of the Authority relating to the decision appealed against; and |
| (e) | the response which the Authority wishes to submit in respect of the appeal. |
| (2) | The presiding officer may at any stage after submission of the appeal file, request the Authority for the submission of— |
| (a) | further documentation, information, submissions or reasons of the Authority relating to the decision against which the appeal is lodged; and |
| (b) | further documentation, information or submissions of the appellant relating to the appeal. |
| (3) | The Authority must within the period determined for this purpose by the presiding officer making the request referred to in subregulation (2), or if no such period has been determined, within a reasonable period— |
| (a) | submit the requested documentation, information, submissions or reasons to the presiding officer; |
| (b) | communicate the request of the presiding officer referred to in subregulation (2)(b) to the appellant in writing; and |
| (c) | submit to the presiding officer any documentation, information or submissions submitted by the appellant to the Authority in response to the request of the presiding officer. |
| (4) | The appeal committee— |
| (a) | may deal with an appeal in terms of this regulation in any manner it deems fair and just and without hearing any oral evidence, representations or submissions; |
| (b) | must deal with an appeal within a reasonable time; and |
| (c) | must, in considering the merits of an appeal, properly consider, in addition to any other relevant fact or consideration— |
| (i) | the objects of the Act and of the Authority; and |
| (ii) | whether the appellant has demonstrated, on a balance of probabilities, good cause for interference with the decision against which an appeal is lodged. |
| (5) | The appeal committee may, after consideration of the grounds of the appeal and any other information at its disposal— |
| (a) | dismiss an appeal that does not comply with the requirements contemplated in regulation 3(1) and (2); |
| (b) | direct that the appellant be given an opportunity to remedy any defect in the appeal; |
| (c) | confirm, set aside or vary the decision against which an appeal has been lodged or substitute for such decision any other decision which in its opinion ought to have been taken; |
| (d) | give any order which is appropriate and just in the circumstances. |
| (6) | The presiding officer must as soon as possible inform the Authority in writing of the decision of the appeal committee in terms of subregulation (5) and, if the appeal has been finalised, cause the appeal file to be returned to the Authority. |
| (7) | The Authority must as soon as possible after receipt of the communication referred to in subregulation (6), inform the appellant in writing of such decision and take any further steps required from the Authority to ensure the implementation of the decision of the appeal committee. |
