Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 10 : Hearing of Objections39. Hearing of objection |
| (1) | In considering an objection lodged in terms of section 32, the Registrar must call for a hearing in accordance with this section. |
| (2) | The Registrar must determine the date on and the time and place at which the objection will be heard and must inform the person objecting and the applicant in question in writing of such date, time and place within 30 days prior to the hearing. |
| (3) | The Registrar when considering a matter at the hearing may utilise one or more of the persons contemplated in section 49 who have experience in the administration of justice or skill in any matter which may be considered at the hearing, to assist and advise the Registrar with regard to the hearing of the objection. |
| (4) | The Registrar may, for the purposes of the hearing of an objection— |
| (a) | summon any person who may have material information concerning the subject of the hearing or who has in his or her possession or control any document that has a bearing upon that subject, to appear before the registrar at a time and place specified in the summons, to be interrogated or to produce that document, and the Registrar may retain for examination any document so produced; |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at the hearing; and |
| (c) | call any person present at the hearing as a witness and interrogate him or her and require him or her to produce any document in his or her possession or under his or her control. |
| (5) | The procedure at the hearing of an objection must be prescribed. |
| (6) | The person objecting and the applicant may be represented if they appear before the Registrar at the hearing of an objection. |
| (7) | The Registrar must inform the person objecting and the applicant in writing of his or her decision and reasons for his or her decision within 21 days after the date of the hearing of the objection. |