GOVERNMENT NOTICE
No.
..
2002
MINISTRY FOR SAFETY
AND SECURITY
PRIVATE SECURITY
INDUSTRY REGULATION ACT, 2001
(ACT NO. 56 OF 2001)
APPEAL REGULATIONS,
2002
The Minister
for Safety and Security has under section 35, read with section 30(4), of the
Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), made the
regulations set out in the Schedule.
SCHEDULE
APPEAL
REGULATIONS, 2002
ARRANGEMENT
OF REGULATIONS
REGULATION HEADING
1. Definitions
Part I Appeals Secretary
2. Designation
and status of Appeals Secretary
3. General
functions of Appeals Secretary
Part
II Lodging
of appeals
4. Manner of
lodging of appeals
Part
III Prosecution
of appeals
5. Submission of
appeal files
6. Procedures
7. Authoritative
text
8. Short title and
commencement
Annexure Form for Lodging of Appeal
Definitions
1. In this
Schedule the Act means the Private Security Industry Regulation Act, 2001
(Act No. 56 of 2001), any word or expression to which a meaning has been
assigned in the Act shall have that meaning, and unless the context indicates otherwise
Annexure
means the Annexure to these Regulations;
appeal
means an appeal against a decision referred to in section 30(1) of the Act;
appeal
committee means an appeal committee appointed under section 30(2) of the
Act;
appeal
file means the appeal file referred to in regulation 3(c);
Appeals
Secretary means the Appeals Secretary referred to in regulation 2(1)(a);
appellant
means a person lodging an appeal;
appellant documentation,
in relation to an appellant, means all the documentation referred to in
regulation 4(2), which is submitted by the appellant on the lodging of appeal;
official
address, in relation to the Appeals Secretary, means Private Bag X94,
Pretoria, 0001;
party,
in relation to an appeal, means the appellant or the respondent;
presiding officer, in relation to an appeal
committee, means the presiding officer of the appeal committee referred to in
section 30(2)(a) of the Act;
respondent,
in relation to an appeal
(a) against a decision referred to in
paragraph (a) or (b) of section 30(1) of the Act, means the Authority; and
(b) against a
finding or the imposition of a punishment, referred to in paragraph (c) of the
said section 30(1), means the person who presided at the
improper conduct proceedings involved referred to in section 29(2) of the Act,
or the Authority, as the case may be;
respondent documentation,
in relation to a respondent, means all the documentation, responses and
submissions referred to in regulation 4(4), which is submitted by the
respondent in response to any particular appeal documentation.
PART I
APPEALS
SECRETARY
Designation
and status of Appeals Secretary
2. (1) The
Minister will from time to time designate a suitably qualified person as
Appeals Secretary.
(2) The Appeals Secretary
(a) is obliged to respect and promote the
independence of any appeal committee;
General
functions of Appeals Secretary
3. The Appeals Secretary performs the
functions in connection with an appeal committee and its proceedings imposed on
him or her by these Regulations and, from time to time, by the Authority or a
presiding officer concerned, and is in particular responsible-
(a)
for the reproduction of records and
related matters, and the receipt of amounts payable in respect thereof, as
contemplated in section 30(5) of the Act, and the furnishing of official copies
thereof which may be required for an appeal, to a person intending to lodge an
appeal in accordance with regulation 4;
(b)
to assist any appellant in the
completion of documentation for the lodging of an appeal, or in any other
manner reasonably required by an appellant for the proper lodging of the
appeal;
(c)
for the proper preparation of an
appeal file to be submitted to an appeal committee containing all appellant and
respondent documentation;
(d) for
communications and liaison with the presiding officer concerned on the manner
of submission of appeal files and copies thereof to the appeal committee
members and for any notifications to the parties;
(e)
for administrative and secretarial
support concerning appeals and communicating decisions of appeal
committees.
PART
II
LODGING OF APPEALS
Manner
of lodging of appeals
4. (1) An
appellant lodges an appeal, in accordance with subregulation (2) at the office
of the Appeals Secretary, or by registered post remitted to the official
address of the Appeals Secretary within the period of 60 days set out in
section 30(1) of the Act.
(2) An appeal is lodged in a written form
corresponding to the form set out in the Annexure, which must be fully
completed and be accompanied by copies of all documents referred to in the
Annexure.
(3) The Appeals Secretary must, in any case
where he or she notices that the appeal documentation reveals
(a) any non-compliance with the requirements
of subregulation (2); or
(b) that the person lodging the appeal does
not qualify as a person aggrieved as contemplated in section 30(1) of the Act,
forthwith inform the
person who lodged the appeal of such finding and
(i) in a case contemplated in paragraph
(a), request rectification within seven days with an offer for assistance
contemplated in regulation 3(b) (if possible); or
(ii) in a case contemplated in paragraph
(b), request whether the person wishes nevertheless to prosecute the appeal or
to withdraw the appeal.
(4) (a) The Appeals Secretary must, where applicable,
as soon as possible after receipt of appeal documentation (including any
rectifications contemplated in subregulation (3)(i)), provide the respondent
involved with copies thereof, and request a full written response thereto
within a period of 10 days from the date of receipt.
(b) The Appeals Secretary must in any such
request, in addition refer to
(i) aspects of the appellant documentation
in need of rectification which have not been rectified by the appellant by
virtue of subregulation (3)(i); and
(ii) a finding contemplated in subregulation
(3)(b) which the appellant has after notification thereof in terms of
subregulation (3)(ii) not accepted,
and request the respondent to submit written responses thereto or submissions thereon.
(5) The amount payable by appellants to the
Authority in respect of reproduction of records and related matters in the
lodging and prosecution of appeals, is R13,50 per A4 page for the year 2002,
whereafter the amount will increase at a rate of 5 % per year.
PART
III
PROSECUTION
OF APPEALS
Submission
of appeal files
5. The Appeals Secretary must as soon as
possible after receipt of all respondent documentation provide the appellant
with copies thereof and submit the appeal file to the presiding officer
concerned.
Procedures
6. (1) An
appeal must
(b) be accompanied by proof from the
Authority that the appellant has paid to the Authority the reasonable amount
determined by the Authority in respect of the preparation of a transcript of
the improper conduct proceedings if there is an appeal against a conviction of
improper conduct or a penalty imposed as a result of such a conviction.
(2) The
respondent must, at the request of the presiding officer, submit to the
presiding officer in writing the reasons for the decision against which an
appeal has been lodged and any
submissions which the respondent wishes to make to the presiding officer in
regard to the grounds of the appeal.
(3) The appeal committee may deal with an
appeal in terms of this regulation in any manner it deems fair and without
hearing any oral evidence, representations or submissions.
(4) The appeal committee may, after
consideration of the grounds of the appeal and any other information at its
disposal
(a) dismiss an appeal that does not comply
with the requirements contemplated in subregulation (1) or condone any
non-compliance with such requirements;
(b) direct that the appellant be given an
opportunity to remedy any defect in the appeal;
(c)
direct that the respondent, the appellant or the Authority
furnish the appeal committee with further information;
(d) confirm, set aside or vary the decision
against which an appeal has been lodged or substitute for such decision any
other decision which in its opinion
ought to have been taken;
(e) give any order which is appropriate and
just in the circumstances.
Authoritative text
7. The provisions of the English text of
these regulations will prevail in the case of a difference between the English
text and the text in any other official language.
Short title
and commencement
8. These Regulations are called the Appeal Regulations, 2002, and come into operation on the date on
which the Act comes into operation.
ANNEXURE
PRIVATE SECURITY INDUSTRY
REGULATION ACT, 2001 (ACT NO. 56 OF 2001)
PRIVATE SECURITY INDUSTRY
REGULATORY AUTHORITY
Appeal Regulations, 2002
FORM FOR LODGING OF APPEAL
(Regulation 4(2))
Note:
(a)
In this form
the Act means the Private Security Industry Regulation Act, 2001 (Act No. 56
of 2001), and any word or expression to which a meaning has been assigned in
the Act, or in the Appeal Regulations, 2002, shall have that meaning.
(b)
This form
must be completed in clear written or typed form.
(c)
Appeals must
be lodged with the Appeals Secretary at his or her office, or by registered
post remitted to the following official address:
The Appeals Secretary (Private Security
Industry)
Private Bag X 94,
Pretoria 0001
(d)
In terms of
section 38(3)(c) of the Act, any person who in any application, inquiry,
improper conduct proceedings, appeal or other proceedings in terms of the Act
or the Levies Act, willfully furnishes information or makes a statement which
is false in any material respect, is guilty of an offence.
1.
PARTICULARS OF APPLICANT
1.1
Full name,
address and registration particulars (if any) of appellant in case of a natural
person:
...
..............................
.........................................................................................
...........................................
1.2
Full name,
address and registration particulars (if any) of appellant in case of an entity
(partnership, business trust, foundation, company, close corporation or other
corporate or unincorporated body of persons):
...
1.3
Full name,
address and registration particulars (if any) of person acting on behalf and on
authority of entity:
..........
..
..
..
(Attach
certified, dated and signed copy of decision or resolution of entity
authorising lodging of appeal; address furnished must include physical, postal,
fax or electronic addresses at which service of appeal documentation will be
accepted).
2.
PARTICULARS OF DECISION APPEALED AGAINST
(section 30(1) of the Act), including decision date and respondent involved.
2.1 (a) Refusal of application for
registration:
(b)
Suspension
of registration:
(c)
Withdrawal
of registration:
(d)
Finding of
improper conduct:
(e)
Punishment
imposed in consequence of finding of improper conduct:
(Delete the inapplicable paragraphs; include copies of all official documentation issued or received in respect of decisions appealed against, transcripts of relevant recorded official proceedings (if any), and exhibits).
2.2
Full details
of appeal grounds, including, where paragraph 2.1(e) is applicable,
circumstances/grounds for change/mitigation of punishment:
...........................
.
.
..
(May
be set out in a separate attachment, which may include separate submissions by
legal representative or other adviser of Appellant).
3.
SIGNATURES
3.1 (Signed)
.
Appellant
On behalf of:
...
.
.
(Particulars of entity involved (if any) and person duly authorised to represent the entity.)
Date
3.2
APPEALS SECRETARY
Receipt of lodging of appeal
affirmed,
subject
to regulation 4
(Signed)
.
Appeals
Secretary
.
Date
.
Appeal file/registration number