Animal Diseases Act, 1984 (Act No. 35 of 1984)

23. Objections against decisions of and steps taken by director and certain other persons and bodies

Purchase cart Previous page Return to chapter overview Next page

 

(1)Any person who feels aggrieved by any decision of or steps taken by the director, or by any other person or body referred to in section 10(7)(a), or by any employee or other person under the control or direction of any such person or body, in terms of this Act, may within the prescribed time and on payment of the amount which is prescribed, lodge in accordance with the provisions of this section an objection against the decision or steps with the Minister.

 

(2)An objection shall be submitted in the prescribed manner to the Director-General, who shall submit it together with his recommendation to the Minister for a final decision.

 

(3)
(a)For the purposes of his recommendation contemplated in subsection (2), the Director-General may, if he deems it necessary, designate one or more senior officers in the department to institute an investigation regarding the reasons for the objection and the circumstances which gave rise to the complaint, and to submit to him a written report concerning it.
(b)The director and any other officer who has been involved in the decision or steps, shall not be designated under paragraph (a).
(c)The person who lodged the objection, or a representative authorized by him in writing, and the director or other officer, person or body who have been involved in the decision or steps concerned, may, at their own request or at the request of the officer or officers referred to in paragraph (a), submit oral or written representations to that officer or officers, and may be interrogated.

 

(4)
(a)The Minister may, after consideration of the objection and the recommendation of the Director-General, confirm, vary or set aside the relevant decision or steps, and may for the disposal of the matter, issue, subject to the provisions of this Act, such orders to the director as he may deem necessary.
(b)The Director-General shall notify the person who lodged the objection and the director in writing of the decision of the Minister.
(c)If the Minister varies or sets aside the decision or steps in question, the amount referred to in subsection (1), or such portion thereof as determined by the Minister, shall be refundable to the person who has lodged the complaint.
(d)[Section 23(4)(d) deleted by section 98 of Act No. 88 of 1996]