Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 8Part 2 : Appeal Committees126. General provisions regarding appeal committees |
| (1) | Appeal committees may admit evidence of facts not before the Director when he or she made the decision which is the subject of the appeal only if— |
| (a) | there is a reasonable explanation for the failure to timeously inform the Director of the facts; and |
| (b) | the Director has had sufficient opportunity to verify the facts and to present any evidence to the appeal committee in this regard. |
| (2) | A decision of an appeal committee contemplated in section 125 must be made in writing within 21 days of the hearing of the appeal and a copy must be furnished to the Director and the appellant. |
| (3) | Any decision signed by the chairperson of an appeal committee is a decision of that appeal committee. |
| (4) | The chairperson of an appeal committee must maintain a record of the proceedings. |
| (5) | No person is excused from complying with this Act on the ground that an appeal is pending in terms of this section. |
| (6) | An appeal lodged in terms of this section does not suspend any decision of the Director pending the outcome of this appeal. |
| (7) | If during the hearing of an appeal the presiding officer or a member of an appeal committee dies or becomes unable to act as presiding officer or member— |
| (a) | the hearing may, with the consent of the appellant, proceed before another presiding officer; or |
| (b) | the hearing shall start from the beginning if such consent is not given. |
| (8) |
| (a) | If an appeal committee sets aside any decision of the Director, the fees referred to in section 121 shall be refunded to the appellant. |
| (b) | If the appeal committee varies any such decision, it may direct that the whole or any part of such fees be refunded to the appellant. |
| (9) | The appellant is entitled to be represented at an appeal before an appeal committee by an advocate or an attorney. |