Animal Improvement Act, 1998 (Act No. 62 of 1998)23. Appeals |
| (1) | Any person whose interests are affected by any decision or direction of the registrar under this Act, may appeal against such decision or direction to an appeal board appointed by the Director-General for the purposes of the appeal concerned. |
| (2) | An appeal referred to in subsection (1), shall be lodged in the prescribed manner within the prescribed period, and the prescribed fee shall be payable in respect of such appeal. |
| (3) | An appeal board shall consist of— |
| (a) | a person who is appointed on the ground of his or her legal knowledge and who shall act as chairperson of the appeal board; and |
| (b) | two persons who, in the opinion of the Director-General, have expert knowledge of the subject of the appeal. |
| (4) | Any person who has a direct or indirect interest in the outcome of the appeal, shall not be appointed in terms of subsection (1). |
| (5) | All the members of an appeal board shall constitute a quorum for a meeting of that appeal board. |
| (6) | An appeal shall be heard on the date and at the place and time determined by the chairperson of an appeal board, and he or she shall notify the appellant and the registrar in writing thereof. |
| (7) | The chairperson of an appeal board may, for the purposes of the hearing of an appeal— |
| (a) | subpoena any person who, in his or her opinion, may give material information concerning the subject of the hearing or 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 him or her at a time and place specified in the subpoena, to be interrogated or to produce that document, and the chairperson may retain for examination any document so produced; |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at the hearing; and |
| (c) | call any person present at the hearing as a witness and interrogate him or her and require him or her to produce any document in his or her possession or custody or under his or her control. |
| (8) | The procedure at the hearing of the appeal shall be determined by the chairperson. |
| (9) | The appellant, if he or she appears before an appeal board at the hearing of an appeal, and the registrar may make use of legal representation. |
| (10) | An appeal board— |
| (a) | shall within 90 days of its appointment in terms of subsection (1) come to a decision; |
| (b) | may confirm, set aside or amend the decision or direction concerned which is the subject of the appeal; and |
| (c) | may make such order in connection therewith as it may deem fit. |
| (11) | The decision of an appeal board together with the reasons therefor shall be in writing and copies thereof shall be furnished to the registrar and the appellant. |
| (12) | If the appeal board sets aside any decision or action, the prescribed fee paid by the appellant in respect of the appeal in question shall be refunded to him or her, or, if the appeal board varies such decision or action, it may in its discretion direct that the whole or such part of such fee as it may determine, be refunded to the appellant. |
| (13) | A member of the appeal board and any person subpoenaed under subsection (7)(c) who is not in the full-time employment of the State, may be paid such allowances as the Minister may with the concurrence of the Minister of Finance determine. |