Films and Publications Act, 1996 (Act No. 65 of 1996)Chapter 5 : Right to appear and to appeal to Appeal Tribunal20. Right of appear and to appeal to Appeal Tribunal |
| (1) | Any person who has lodged a complaint with the Board that any publication be referred to a classification committee for a decision and classification in terms of section 16, and any person who applied for the classification of a film or game, or the publisher or distributor of a publication which formed the subject of any complaint or a submission in terms of section 16, may within a period of 30 days from the date on which he or she was notified of the decision of the Board, in the prescribed manner appeal to the Appeal Tribunal. |
[Section 20(1) substituted by section 22(a) of Proc 52, GG 45959, dated 25 February 2022]
| (2) | The chairperson of the Appeal Tribunal— |
| (a) | may, on good cause shown, suspend the decision appealed against in terms of subsection (1), until the decision is given on the appeal; |
| (b) | shall convene a meeting of the Appeal Tribunal and inform the appellant of the date and time when the appeal is to be heard; |
| (c) | may determine the procedure to be followed; |
| (d) | may call upon any person who in his or her opinion is an expert on any matter relevant to the appeal, including any person who has experience in or knowledge of any matter referred to in section 6(4), to give assistance to the Appeal Tribunal. |
| (3) | The Appeal Tribunal may refuse the appeal and confirm the decision in question, or allow the appeal, either wholly or in part, and give such decision as the Board should, in its view, have given, and amend the classification of the film, game or publication, specifying the section of this Act upon which the classification is in terms of its decision based, and may impose other conditions in respect of the distribution or exhibition of the film, game or publication. |
[Section 20(3) substituted by section 24(b) of Notice No. 876, GG 32534, dated 28 August 2009]
| (4) | The chief executive officer shall in the case of a successful appeal against a decision whereby an application for registration, exemption, permit or licence is refused, issue the requisite certificate of registration, exemption, permit or licence, subject to the conditions, if any, imposed by the Appeal Tribunal. |
[Section 20(4) substituted by section 24(c) of Notice No. 876, GG 32534, dated 28 August 2009]
| (5) | A decision of the Appeal Tribunal shall for the purposes of this Act be deemed to be a decision of the Board. |
| (6) | Where a commercial online distributor of a film or game is a commercial online distributor referred to in section 18C, such commercial online distributor shall not have the right to appeal to the Appeal Tribunal against a classification by that commercial online distributor inline with a Board classification, unless the Board, based on a complaint in terms of section 18G, imposes a more onerous classification, in which case that commercial online distributor may appeal to the Appeal Tribunal against such a classification. |
[Section 20(6) inserterd by section 22(b) of Proc 52, GG 45959, dated 25 February 2022]