Fund-raising Act, 1978 (Act No. 107 of 1978)RegulationsRegulations made under the Fundraising Act, 197811. Appeal |
| (1) | An appeal in terms of section 10(1) of the Act against a decision of the Director shall be noted within 42 days of service of a notice of such decision to the fund-raising organisation or other organisation by the delivery to the Director, for submission to the Minister, of a notice setting out distinctly and succinctly the grounds whether of fact or law, on which the appeal is based. |
| (2) | The Director shall submit such notice to the Minister immediately on receipt thereof and shall within 14 days prepare a statement in writing setting out— |
| (a) | his reasons for any finding of fact specified in the appellant's notice of appeal as a finding of fact appealed against; and |
| (b) | in the case of an enquiry or investigation referred to in sections 5(5)(b) and 8 of the Act, also— |
| (i) | the facts he found to be proved at such enquiry or investig |
| (ii) | his reasons for any ruling on any question of law or as to the admission or rejection of evidence so specified as a ruling appealed against. |
| (3) | The Director shall, within 14 days of the date of the appointment of the appeal committee appointed to hear the appeal— |
| (a) | transmit to the chairman of the appeal committee— |
| (i) | the notice of appeal and statement referred to in subregulations (1) and (2); and |
| (ii) | in the case of an enquiry or investigation mentioned in sections 5(5)(b) and 8 of the Act also the record of the proceedings at such enquiry or investigation together with a copy or transcript thereof if it was taken down in shorthand or recorded by mechanical means; |
| (b) | transmit to each one of the other members of the appeal committee concerned a copy of the said notice of appeal and statement and, if applicable, also a copy of the record of the proceedings or a transcript thereof if it was taken down in shorthand or recorded by mechanical means; |
| (c) | supply the appellant with a copy of the statement referred to in subregulation (2). |
| (4) |
| (a) | The Director shall notify the appellant in writing of the date, time and place fixed by the appeal committee for the hearing of the appeal. |
| (b) | Such notification shall be served on the appellant in the manner provided in regulation 33. |
| (5) | Subject to the provisions of section 10(3) of the Act, the appeal committee shall decide the appeal on the basis of the said notice of appeal, statement and record of the said enquiry or investigation, as the case may be. |
| (6) | No person whose presence is not necessary shall, except by leave of the appeal committee, be present at the hearing of any appeal under section 10 of the Act. |
| (7) | The decision of the majority of the members of the appeal committee shall be the decision of the committee. |
| (8) | The Director shall by direction of the chairman of the appeal committee notify the appellant in writing of the decision of the appeal committee. |