WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
(2) Such appeal shall be lodged in the prescribed manner within the prescribed period, and the
prescribed amount shall be payable in respect thereof.
(3)
(a)
An appeal board referred to in subsection (1), shall consist of–
(i) a person appointed by reason of his knowledge of the law, and who shall act as chairman
of the appeal board; and
(ii) two persons respectively nominated in the prescribed manner by the appellant and the
administering officer or the board, as the case may be.
(b)
An appellant, a person employed by the appellant, the administering officer, an officer
performing his functions under the control of the administering officer, a member or an alternate
member of the board, a member of a committee of the board and a person referred to in
section 2 (10) (b) shall not be appointed as a member of an appeal board.
(4) All the members of an appeal board shall constitute a quorum for any meeting of the appeal
board, and a decision of the majority of the members thereof shall be a decision of the appeal board.
(5) There may be paid to a member of an appeal board who is not in the full–time employment of
the State, from moneys appropriated by Parliament for this purpose, such remuneration or allowances as may
be determined by the Minister, with the concurrence of the Minister of Finance, in general or in any particular
case.
(6) Such appeal board may–
(a) confirm, set aside or amend the decision or direction which is the subject of the appeal;
(b) refer the relevant matter back to the board or the administering officer for reconsideration; or
(c)
make such order in connection therewith as it may deem fit.
(7) The administering officer or the board, as the case may be, shall be bound by a decision of an
appeal board.
(8) The decision of an appeal board together with the reasons therefor shall be in writing, and copies
thereof shall be furnished to the Director–General, the appellant and the administering officer or the board, as
the case may be.
(9) If the decision or direction which is the subject of an appeal–
(a) is set aside, the amount referred to in subsection (2) shall be refunded to the appellant
concerned;
(b) is amended, or is referred back to the administering officer or the board for reconsideration, such
portion of the amount referred to in subsection (2) as the appeal board concerned may determine,
shall be refunded to the appellant concerned.
23. Offences and penalties.–
(1) Any person who–
(a) contravenes or fails to comply with a provision of section 4 (1), 5 (3) (a), 6 (3) (a), 7 (3) (a),
8 (3) (a), 9 (3) (a), 11 (1), (2) or (3), 12 (1), 16 (1) (a), 17 (1) (a) or 21 (1) or (2);
(b) contravenes or fails to comply with a provision of section 5 (3) (b), 6 (3) (b), 7 (3) (b), 8 (3) (b),
9 (3) (b) or 20 (4);
[Para. (b) substituted by s. 4 of Act No. 11 of 1993.]
(c)
(d)
(e)
(f)
ZA011EN
contravenes or fails to comply with a condition, restriction, prohibition, reservation or direction
imposed under section 10 (4), 11 (4) or (5) (b), 16 (4) or (5), 17 (4) or 28 (3) (a);
after his application for participation in a scheme has been approved, refuses or fails to comply
with the provisions of that scheme or a condition determined in terms thereof;
obstructs or hinders a person referred to in section 18 (1) in the exercise of his powers or the
carrying out of his duties under this Act or a scheme;
refuses or fails to render the reasonable assistance that a person referred to in section 18 (1)
demands from him in terms of section 18 (2) (b) in the exercising of his powers or the carrying
out of his duties under this Act or a scheme;
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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