Mutual Banks Act, 1993 (Act No. 124 of 1993)

Regulations

Regulations relating to Mutual Banks

Chapter III : Application Procedures

34. Appeal procedure

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(1)Any person desiring to appeal, in terms of section 7(1) of the Act, to the board of appeal against a decision of the Authority shall, within 30 days after the pronouncement of the decision in question, lodge with the chairman of the board of appeal a notice of appeal on form DI 001.

 

(2)Upon receipt of the notice of appeal referred to in subregulation (1), the chairman of the board of appeal shall cause a copy of such notice to be served on the Authority who shall, within a period determined by the said chairman, furnish the chairman with a statement of the reasons for the decision in question.

 

(3)Upon receipt of the statement referred to in subregulation (2), the chairman of the board of appeal shall cause a copy thereof to be dispatched to the appellant by registered post and call upon the appellant to declare within 21 days of the date of dispatch of such statement, or within such further period as the said chairman may at the request of the appellant allow, whether or not he intends to proceed with the appeal.

 

(4)If the appellant declares that he does not intend to proceed with the appeal, or if he fails to declare his intention within the period of 21 days or the extended period contemplated in subregulation (3), the appeal shall lapse automatically.

 

(5)If the appellant in terms of subregulation (3), declares his intention to proceed with the appeal, he shall in addition to such declaration lodge with the chairman of the board of appeal a reply to the statement contemplated in subregulation (2).

 

(6)The declaration and reply referred to in subregulation (5) shall be accompanied by the fee prescribed in item 1 of the Table to regulation 40.

 

(7)An appeal that is to be proceeded with as contemplated in subregulation (5) shall be heard at such a time and at such a place as the chairman of the board of appeal may determine.