National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 2 : Appeals against Decisions of the Authority8. Lodging of an appeal |
| (1) | A port user or licensed operator whose rights are adversely affected by a written decision of the Authority and who wishes to appeal against that decision must lodge a Notice of Intention to Appeal with the Regulator within fifteen days after receiving that written decision. |
| (2) | A port user or licensed operator whose rights are adversely affected by an unwritten decision of the Authority, and who wishes to appeal against the decision, must request written confirmation of the decision from the Authority not more than fifteen days after being informed of the decision, becoming aware of the decision or after the port user or licensed operator might reasonably be expected to have become aware of the decision. Whether or not such written confirmation is received, a Notice of Intention to Appeal must be lodged by the port user or licensed operator with the Regulator within ten days after that person requested written confirmation from the Authority of the decision. |
| (3) | A Notice of Intention to Appeal must be— |
| (a) | given on the official appeal form attached as Form 2 to these directives; and |
| (b) | accompanied by— |
| (i) | an affidavit setting out a description of the decision appealed against and the grounds of the appeal; |
| (ii) | a copy of a written document recording the decision of the Authority, if any; and |
| (iii) | the fee, payable in cash or by way of a bank guaranteed cheque, prescribed for appeals in Schedule A hereto. In the event that the appellant is unable, as a result of indigency, to pay the prescribed fee, the appellant may apply to the Regulator to waive payment of the fee and the Regulator may, after considering that application, waive payment of the fee. |
| (4) | The Regulator shall serve a copy of the Notice of Intention to Appeal on the Authority. |
| (5) | Service of the Notice of Intention to Appeal does not suspend the operation of the decision appealed against unless a Court orders otherwise. |
| (6) | Nothing in these directives shall be interpreted as allowing the Regulator to hear an appeal against, or to grant interim relief in respect of, any decision or instruction of the Harbour Master in respect of a matter contemplated in section 74(3) of the Act. |
| (7) | In lodging an appeal, an appellant may request that an urgent and foreshortened process be followed by the Regulator in considering and hearing the appeal. Any such request must be accompanied by reasons for the request. The Regulator shall give the Authority an opportunity to comment on the request and any timetable which may be proposed by the Regulator for the exchange of the appeal, answering and replying affidavits, as well as for the consideration and hearing of the appeal. Having considered the request and the Authority's comments the Regulator may waive any time periods and procedures set out in these directives and deal with the appeal as expeditiously as the Regulator deems appropriate. |