CHAPTER 5
Right to Appear, and to Appeal to Appeal Tribunal and Supreme Court
19. Right to appear, to be represented, to adduce evidence, to address, to have
case and arguments properly considered, and to be informed of grounds of decision.—
The Minister or any person who has lodged a complaint with the Board that any publication be
referred to a classification committee for classification in terms of section 16, or the reclassification
of a film, game or publication, or for a permit, exemption or licence, or who is the publisher of a
publication which is the subject of an application for classification, or whose financial interest could
be detrimentally affected by a decision of the Board on such application, or with regard to an
exemption or permit, the withdrawal of which is being considered, or who appeals to the Appeal
Tribunal against a decision with regard to such an application, shall have the right—
(a)
(b)
to appear in person before the Board, classification committee or Appeal Tribunal,
or to be represented or assisted by a legal practitioner or by any other person of his
or her choice, to adduce oral or written evidence and, subject to a reasonable timelimit imposed by the chairperson concerned, to address that committee, the Board
or Appeal Tribunal, in the language of his or her choice; and
to have his or her case and arguments duly considered and to be informed, in
writing, of the decision of the Board or Appeal Tribunal, of the reasons for and
grounds upon which such decision is based, which shall include, in the case of a
“refused classification” or a “XX” classification of a publication, film or game a
reference to the particular section of the Act which formed the basis of the decision.
[S. 19 amended by s. 5 of Act No. 34 of 1999 and substituted by s. 23 of Act No. 3 of 2009.]
Wording of Sections
Wording of Sections
s 19 of Act 65 of 1996 prior to amendment by Act 34 of 1999
s 19 of Act 65 of 1996 prior to amendment by Act 3 of 2009
20. Appeal to Appeal Tribunal.—(1) The Minister or any person who has lodged a
complaint with the Board that any publication be referred to a classification committee for a
decision and classification in terms of section 16, and any person who applied for the classification
of a film or game, or the publisher or distributor of a publication which formed the subject of any
complaint or application in terms of section 16, may within a period of 30 days from the date on
which he or she was notified of the decision, in the prescribed manner appeal to the Appeal
Tribunal.
[Sub-s. (1) substituted by s. 6 of Act No. 34 of 1999 and by s. 24 (a) of Act No. 3 of 2009.]
Wording of Sections
(2) The chairperson of the Appeal Tribunal—
(a)
(b)
(c)
(d)
may, on good cause shown, suspend the decision appealed against in terms of
subsection (1), until the decision is given on the appeal;
shall convene a meeting of the Appeal Tribunal and inform the appellant of the date
and time when the appeal is to be heard;
may determine the procedure to be followed;
may call upon any person who in his or her opinion is an expert on any matter
relevant to the appeal, including any person who has experience in or knowledge of
any matter referred to in section 6 (4), to give assistance to the Appeal Tribunal.
(3) The Appeal Tribunal may refuse the appeal and confirm the decision in question, or
allow the appeal, either wholly or in part, and give such decision as the Board should, in its view