Films and Publications Act, 1996 (Act No. 65 of 1996)

Chapter 5 : Right to appear and to appeal to Appeal Tribunal

19. Right to appear, to be represented, to adduce evidence, to address, to have case and arguments properly considered, and to be informed of grounds of decision
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Any person who has made a request to the Board for a publication to be referred to a classification committee for classification in terms of section 16(1), or submitted a publication for classification in terms of section 16(2), or the person who has applied for the classification or the reclassification of a film, game or publication, or for a permit, exemption or licence, or who is the publisher of a publication which is the subject of an application for classification, or whose financial interest could be detrimentally affected by a decision of the Board on such application, or with regard to an exemption or permit, the withdrawal of which is being considered, or who appeals to the Appeal Tribunal against a decision with regard to such an application, shall have the right—

[Words prececeding section 19(a) substituted by section 21 of Proc 52, GG 45959, dated 25 February 2022]

(a) to appear in person before the  Board, classification committee or Appeal Tribunal, or to be represented or assisted by a legal practitioner or by any other person of his or her choice, to adduce oral or written evidence and, subject to a reasonable time-limit imposed by the chairperson concerned, to address that committee, the Board or Appeal Tribunal, in the language of his or her choice; and
(b) to have his or her case and arguments duly considered and to be informed, in writing, of the decision of the Board or Appeal Tribunal, of the reasons for and grounds upon which such decision is based, which shall include, in the case of a "refused classification" or a "XX" classification of a publication,  film or game a reference to the particular section of the Act which formed the basis of the decision.

 

[Section 19 substituted by section 23 of Notice No. 876, GG 32534, dated 28 August 2009]