Sheriffs Act, 1986 (Act No. 90 of 1986)RegulationsRegulations relating to Sheriffs, 199012. Appeals |
| (1) | A sheriff (hereinafter referred to as "the appellant") who appeals to the Board under section 18(3)(a) of the Act shall within 30 days after the date on which the disciplinary authority concerned has made a finding or imposed a penalty, lodge a notice of appeal in writing with the Board in which he shall set out, with the appropriate particulars, the grounds of the appeal and state whether the appeal is against the finding or the penalty, or both. |
| (1A) | The Board may condone a late notification of appeal under exceptional circumstances and upon a written application setting out the reasons why the 30 day period referred to in subregulation (1) cannot or could not be adhered to, provided that such application is lodged with the Board within 90 days after a finding has been made or a penalty imposed. |
[Regulation 12(1A) inserted by regulation 12 of Notice No. R. 1293 dated 5 December 2008]
| (2) | As soon as may be practicable after the Board has received a notice of appeal, the Board shall notify the Minister of the appeal and of the grounds on which the appeal is based. |
| (3) | Within 30 days after receipt of the notice of appeal by the Board, the Board shall make a certified copy of the record of the proceedings of the disciplinary authority available to every member of the Board and to the appellant. |
| (4) | At the consideration by the Board of such an appeal a certified copy of the record of the proceedings of the disciplinary authority shall be prima facie proof of the contents thereof. |
| (5) | The chairman of the Board or a person appointed by him shall determine the time, place and date on which the appeal shall be heard and shall notify the members of the Board, the appellant and his representative, if any, and the Minister by registered post thereof: Provided that the appeal shall be heard by the Board within 60 days after the copies of the record referred to in subregulation (3) were made available. |
| (6) | The Board shall keep a record of the proceedings. |
| (7) | The Board may allow further evidence to be led by the prosecutor or the appellant. |
| (8) | If the appellant is present or represented, he or his representative shall be given the opportunity to argue the grounds of appeal, whereafter his case shall be closed. |
| (9) | The prosecutor, authorised by the Board, shall thereafter be given an opportunity to argue the grounds of appeal, whereafter his case shall be closed. |
| (10) | After the cases of both parties have been finally closed, the prosecutor shall address the Board with regard to the evidence, if any, and the legal position. |
| (11) | The appellant or his representative shall thereafter likewise address the Board. |
| (12) | The Board may in its discretion allow the prosecutor to reply to questions of law raised by the appellant or his representative in his address. |