National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 9 : Appeal and Dispute Resolution

44. Appeal to board against decision of chief executive officer

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(1)A person whose rights are adversely affected by a decision of the chief executive officer in the exercise of any power or performance of any duty in terms of this Act, may appeal against that decision to the board.

 

(2)Such person must—
(a)lodge the notice of intention to appeal within 21 days from the day on which the decision was made known by the chief executive officer or such later date as the board permits; and
(b)lodge the appeal and set out grounds of appeal within 30 days of the notice of intention to appeal.

[Subsection (2) substituted by section 20 of Act No. 69 of 2008]

 

(3)After considering the grounds of appeal and the reasons for the decision of the chief executive officer, the board must within the prescribed time—
(a)confirm, set aside or vary the decision; or
(b)substitute the decision of the chief executive officer with the decision of the board.