Intelligence Services Act, 2002 (Act No. 65 of 2002)RegulationsIntelligence Services Regulations, 2014Chapter XXVI : Vetting10. Appeals |
| (1) | The notice of appeal must set out the grounds for appeal. |
| (2) | Upon receipt of the documents referred to in regulation 8(5), the Minister may, within ten (10) consecutive days, consider the appeal, or appoint a panel to constitute the Appeals Board and provide it with the documents referred to in regulation 8(5). |
| (3) | Upon being appointed, the chairperson of the Appeals Board must, without undue delay, send a written notice to the applicant who lodged the appeal. The written notice must specify— |
| (a) | the date on which representations may be made by the parties to appeal. This date must not exceed five (5) consecutive days upon receipt of the written notice; |
| (b) | the time and venue for representations to be heard. |
| (4) | The applicant may be represented by any person, member or legal practitioner in the appeal process: Provided that if he or she is represented by a legal practitioner who is not a member, the following prerequisites are met— |
| (a) | such a legal practitioner must satisfy the requirements for security clearance; |
| (b) | the members of the Appeals Board give their consent thereto, after considering— |
| (i) | the complexity of the case; |
| (ii) | the nature of the questions of law raised by the appeal; |
| (iii) | public interest; |
| (iv) | the comparative ability of the opposing parties or their representatives to deal with the appeal. |
| (5) | The legal costs incurred by the applicant must be paid by him or her. |
| (6) | If an applicant fails to appear in person or make representations through a representative on the specified date, the chairperson may rule to consider the appeal in his or her absence or postpone the appeal hearing. |
| (7) | The chairperson of the Appeals Board must determine and issue rules for the proper noting and consideration of appeals. |
| (8) | The Appeals Board must, within fifteen (15) consecutive days upon consideration of the appeal, make a recommendation thereon in accordance with the provisions of the Act. |
| (9) | The majority of members of the Appeals Board form a quorum at any meeting of the Appeals Board. |
| (10) | On an equality of votes in any meeting of the Appeals Board, the chairperson has a casting vote in addition to the deliberate vote. |
| (11) | The recommendation of the Appeals Board must be forwarded to the Minister for consideration. |