C. 27. Appeals Flashcards
Who shall the commission be constituted from?
- 1.5 On receipt of a notice of appeal, the Minister or the Director-General, as the case may be, shall appoint a special commission to hear the appeal, which commission shall be constituted from-
a) two person nominated by the Minister or the Director-General, as the case may be, one of whom shall be designated as chairman;
b) two person nominated by the appellant; and
c) one person nominated by or on behalf of the workers mostly concerned with the subject of the appeal, in the manner set out in regulation 27.1.6.
When may the owner or manager of a mine or works give a written notice of appeal against a notice, decision, order or instruction.
- 1.1 In the case of a mine or works the owner or manager of such mine or works, hereinafter referred to as the appellant, may, within one month after the receipt of ay notice, decision, order or instruction issued or given in terms of the Act or of any other notice, decision, order or instruction given to the appellant by the Director-General or any regional director, lodge with the Minister or the Director-General, as the case may be, a written notice of appeal against such notice, decision, order or instruction.
- 1.2 The notice of appeal shall state clearly the grounds on which the appellant intends to relay at the hearing of the appeal.
- 1.3 The appellant shall deposit with the Director-General a sum of R200 when lodging the notice of appeal.
- 1.4 The Minister of the Director-General may, in his discretion and on such conditions as he may decide, condone the late noting of an appeal.
Who shall decide which class or type of worker is mostly concerned with the subject of the appeal?
27.1.6 The Minister or the Director-General shall, in his discretion, decide which class or type of worker is mostly concerned with the subject of the appeal and appoint one of not less than three persons who shall be nominated in each case by the workers’ organisation for that class or type of worker: Provided that if such organisation fails to nominate such persons within three days of being requested thereto or if no appropriate organisation exists, the Minister or the Director-General, as the case may be, shall in consultation with the Director-General of the State Department deemed by him to be appropriate in the circumstances, appoint a person.
Who shall notify the date and the time and the place of the appeal?
27.1.7 The commission shall commence the hearing of the appeal on the date and at the time and place notified by the chairman to the appellant and the Minister, the Director-General and the regional director concerned.
What must the Director General or regional director concerned submit to the chairman within three days?
27.1.8 The Director General or regional director concerned shall, within three days upon receipt of the notification referred to in regulation 27.1.7, submit to the chairman of the commissioner and to the appellant the reasons for the notice, decision, order or instruction against which an appeal has been lodged and inform the commission what witnesses and evidence are to assist the commission in deciding the appeal: Provided that should such notice, decision, order or instruction have been given verbally, the Director-General or the regional director concerned shall commit it to writing and forward it with the reasons.
What shall the hearing of the appeal consist of?
27.1.9 The hearing of the appeal shall consist of the hearing of oral testimony given under oath, inspections of relevant objects or places, documentary evidence in the form of reports, drawings, plans and the like, or any form of evidence admissible in a Court of Law, and arguments by the Director-General or regional director concerned and by the appellant or his representative on all evidence on record.
Whose evidence shall the commission hear first?
27.1.10 The commission shall first hear the evidence tendered by the Director-General or regional director concerned and shall afford the appellant or his representative an opportunity to cross-examine them; thereafter the evidence of the appellant shall be heard whereupon he may be cross-examined by each member of the commission in the order indicated by the chairman. The commission may call other relevant witnesses who may be cross-examined by the appellant or his representative.
Who may question any witness on any matter relevant to the subject of the appeal
27.1.11 The Director-General or regional director concerned may question any witness on any matter relevant to the subject of the appeal.
What must happen with evidence gained?
- 1.12 Evidence gained at inspections shall be given in a clear voice and recorded within hearing distance of the Director-General or regional director concerned and the appellant.
- 1.13 All evidence shall be recorded mechanically or in writing and transcriptions thereof shall be made available to any person on request and on payment of such fee as the Director-General in each case may determine.
Who shall the Director-General or regional director concerned first address at the conclusion of the evidence?
27.1.14 At the conclusion of the evidence the Director-General or regional director concerned shall first address the commission on the evidence, and thereafter the appellant or his representative shall address the commission.
May witness attend the hearing the whole time?
27.1.15 All witnesses, except the appellant and the Director-General or regional director concerned, shall be excluded from the hearing until called to testify.
How shall the decision be reached?
27.1.16 All decisions of the commission shall be by majority vote of the members and in the event of an equality of votes, the chairman shall have a casting vote in addition to a deliberative vote.
When shall the decision be open to the public for inspection?
27.1.17 The commission shall report its decision with reasons for judgement, which decision shall be final and open to the public for inspection.
Which provisions shall mutatis mutandis apply to the hearing of an appeal?
27.1.18 The provisions of sections 29 and 30 of the Act, except sub-section 2(b) of section 29, shall mutatis mutandis apply to the hearing of an appeal.
What happens when the decision of the commission is given against the repellent?
27.2.1 Where the decision of the commission is given against the repellent in any respect, the appellant may be ordered to pay the entire cost of the commission, or such proportion thereof as the commission may determine, as well as any fees payable to any witnesses who may have been summoned to appear: Provided that the deposit lodged with the Director-General may be forfeited in whole or in part for this purpose.
