Military Veterans Act, 2011 (Act No. 18 of 2011)RegulationsRegulations for the implementation of the Burial Support, 20259. Appeals |
| (1) | Any person who appeals in terms of section 20 of the Act against an administrative decision, must within 30 days after he or she has become aware of the or should reasonably become aware of the administrative decision concerned, lodge a written notice of appeal with the Appeal Board Secretariat; |
| (2) | The notice of appeal must state clearly— |
| (a) | the actions appealed against; |
| (b) | the grounds on which the appeal is based; and |
| (c) | any other information deemed necessary. |
| (3) | After receipt of the notice of appeal, Appeal Board Secretariat, must— |
| (a) | dispatch copies thereof to |
| (i) | the person responsible for the administrative decision concerned; |
| (ii) | any other person, whose rights may, in the opinion of the Appeal Board Secretariat, be affected by the outcome of the appeal; and |
| (b) | request the persons contemplated in paragraph (a) to respond as provided for in sub-regulations 9(6) and 9(7). |
| (4) | A person contemplated in sub-regulation 3(a)(i) must, within 21 days from receipt of the notice of appeal, submit to the Appeal Board Secretariat, written reasons for the administrative decision appealed against. |
| (5) | A person contemplated in sub-regulation 3(b)(ii) must within 21 days from receipt of the notice of appeal, submit to the Appeal Board Secretariat, a replying submission indicating— |
| (a) | the extent and nature of his or her rights; |
| (b) | how the outcome of the appeal may affect his or her rights; and |
| (c) | any other information pertaining to the grounds as set out in the notice of appeal. |
| (6) | The Appeal contemplated in sub-regulation 9(1) must be lodged by submitting an appropriate compatible electronic completed form contained in Annexure X, together with the prescribed Annexures in compatible electronic format with the Appeal Board Secretariat— |
| (a) | by hand; |
| (b) | registered post; or |
| (c) | electronically on the Department's official website address or the relevant address specified in the appropriate form. |
| (7) | The form contained in Annexure X must be accompanied by the following document: |
| (a) | the copy of the application; |
| (b) | the copy of the rejection letter to the initial application; |
| (c) | the copy of the reconsideration application; |
| (d) | the rejection letter to the reconsideration application; and |
| (e) | any other information deemed necessary. |
| (8) | The Appeal Application must be on the same facts and evidence provided to the Department, failing which, the Appeal Board must dismiss the application or advice the applicant to re-apply. |
| (9) | Whenever a Military Veteran or dependent notes an appeal, the Appeal Board must: |
| (a) | advise the administrative decision maker about the noting of an Appeal; |
| (b) | request the administrative decision maker for the contents of the file pertaining to the Military Veteran or dependent; |
| (c) | Decision and reasons for the decision made; and |
| (d) | Any other relevant information. |
| (10) | The Appeal Board must give the Department 14 days' notice to attend the hearing of the Appeal, which is 14 days. |
| (11) | When considering an appeal, the Military Veterans Appeal Board must ensure that, if necessary, the Department is allowed to rebut any evidence given or information provided to the Military Veterans Appeal Board; |