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Substitution of section 19 of Act 65 of 1996, as amended by section 5 of Act 34 of
1999
23. The following section is hereby substituted for section 19 of the principal Act:
‘‘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
19. 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 17] section 16, [and any
person who applies for a classification of a film,] 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 [Review Board] Appeal Tribunal against a decision with regard to such
an application, shall have the right—
(a) to appear in person before the [executive committee] Board,
classification committee or [Review Board] 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 time-limit imposed by the chairperson concerned, to
address that committee, [or board] the Board or Appeal Tribunal, in
the language of his or her choice; and
(b) to have his or her case and arguments duly considered and to be
informed, in writing, of the decision of the [Review] Board [or
committee] 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, [or]
film[,] or game a reference to the particular [clause of Schedule 1 or
6] section of the Act which [forms] formed the basis of the decision[,
and of the names of the members of that board or committee who
took part in rendering the decision of that board or committee].’’.
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Amendment of section 20 of Act 65 of 1996
24. Section 20 of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
‘‘(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 17] 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,
[which in the case of the classification of a publication shall be the
date of publication of the decision in the Gazette,] in the prescribed
manner appeal to the [Review Board] Appeal Tribunal.’’; and
(b) by the substitution for subsections (3) and (4) of the following subsections:
‘‘(3) The [Review Board] 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 [or executive committee]
should, in its view, have given, and amend the classification of the
[publication or] film, game or publication, specifying the [clause]
section of [Schedule 1 or 6] this Act upon which the classification is in
terms of its decision based, and may impose other conditions in respect
of the distribution or exhibition of the [publication or] film, game or
publication.
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Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za