Defence Act, 2002 (Act No. 42 of 2002)Chapter 11 : Exemptions from, and Deferment of, Training and Service72. Decision on appeal, and notice |
| 1) | The decision on an appeal must be made with due regard to the— |
| a) | particulars stated in the appeal in terms of section 71(1)(c); |
| b) | reasons submitted by the Chairperson of the board in terms of section 71(3). |
| 2) | The Minister may confirm the decision appealed against, may refer the matter back to the board or may set that decision aside, and give such decision as should in his or her view have been given. |
| 3) | The Minister must consider and decide the appeal as soon as reasonably possible, but in any event within 30 days after the appeal is received by him or her. |
| 4) | The Minister must, immediately after making the decision on an appeal, give written notice of the decision to the appellant. |
| 5) | The notice in terms of subsection (4) must— |
| a) | state the reasons for the decision and must include any provision of this Act relied upon; and |
| b) | inform the appellant of his or her right to take the matter on review to the High Court. |
| 6) | If the Minister fails to give notice as contemplated in subsection (4), he or she must be regarded as having allowed the appeal. |