| (1) | An official of the Department of Justice and Constitutional Development who is responsible for processing applications relating to the expungement of convictions and sentences in terms of the Act may, if the information in Form 13 is inadequate or not clear, request further information from the applicant or any organ of state. |
[Regulation 50(1) substituted by regulation 2 of Notice No. R. 1337, GG 41288, dated 1 December 2017]
| (2) | The Cabinet member responsible for the administration of justice must express his or her opinion in terms of section 87(1)(b) of the Act in writing and record his or her reasons for the opinion. |
| (3) | The Director-General: Justice and Constitutional Development must, if he or she intends to refuse the application on the basis that the application does not meet the requirements of section 87(2) of the Act, notify the applicant in writing of— |
| (a) | his or her intention; and |
| (b) | the requirements which have not been met and why not, |
and specify a date on or before which the applicant may respond to the Director-General on the information submitted.
| (4) | The Director-General must, after expiry of the date specified in the notice, consider the response by the applicant, if any, and make a decision regarding the application for expungement. |
| (5) | The Director-General must, if an application has been refused, within 15 working days thereafter inform the applicant in writing— |
| (b) | of the reasons for the refusal of the application; |
| (c) | of the remedies available to the applicant in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000). |
| (6) | The Director-General must, if he or she is satisfied that the child complies with the criteria set out in section 87(1) of the Act, issue a certificate of expungement which corresponds substantially with Form 14 of the Annexure. |
| (7) | An applicant to whom a certificate of expungement has been issued in terms of section 87(2) of the Act must hand, or submit by registered post, the certificate to the Head of the Criminal Record Centre of the South African Police Service. |
