Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)

21. Appeal against decisions or action
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(1) Any person who considers himself aggrieved by any decision or action in terms of this Act or a scheme by the executive officer or any other officer to whom powers have been delegated under section 26, may appeal to the Minister against the decision or action concerned.

 

(2) Such appeal shall be lodged with the Director-General within the prescribed time and in the prescribed manner, and shall be accompanied by the prescribed amount.

 

(3) The Director-General shall refer the appeal for inquiry and report thereanent to an officer of the department other than the executive officer or an officer concerned in the decision or action against which the appeal is brought, and thereupon the Director-General shall submit the documents concerned, the said report and the Director-General"s recommendation with reference to the appeal, to the Minister.

 

(4) An appellant may request or be requested to appear before the officer concerned at an inquiry referred to in subsection (3), to be heard and questioned, and he may be assisted or represented by any other person.

 

(5)

(a) The Minister may after consideration of the documents submitted to him in terms of subsection (3), confirm or set aside or alter the decision or action against which the appeal is brought, or issue such order in connection therewith as he may deem necessary.
(b) The Director-General shall notify an appellant in writing of the decision of the Minister as to the appeal.
(c) If the Minister alters or sets aside the decision or action by the executive officer or other officer concerned, the amount referred to in subsection (2), or such portion thereof as the Minister may determine, shall be repayable to the appellant concerned.
(d)[Subsection (5)(d) deleted by section 95 of Act No. 88 of 1996]

 

(6) Any person who, after being requested thereto in terms of subsection (4), refuses or fails to appear at an inquiry referred to in subsection (3) or, having appeared, to answer fully and in a satisfactory manner every question lawfully put to him, shall be guilty of an offence.