Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998)Chapter 3 : Appeals12. Decisions on Appeals |
| (1) | Subject to the provisions of this Act, the Tribunal must consider an appeal noted with the Tribunal in accordance with the provisions of the National Land Transport Act, 1998, or the Cross-Border Road Transport Act, 1998, whereupon the Tribunal may— |
| (a) | reject the appeal and confirm the act, direction or decision appealed against; or |
| (b) | uphold the appeal, set aside the act, direction or decision appealed against, and— |
| (i) | substitute therefor any other act, direction or decision which the Board or the Regulatory Committee, as the case may be, could have performed or given; or |
| (ii) | refer the matter which gave rise to the appeal to the Board or the Regulatory Committee, as the case may be, for reconsideration; or |
| (c) | uphold the appeal partially and vary the act, direction or decision appealed; against. |
| (2) | No decision taken by the Tribunal under this section may be inconsistent with the National Land Transport Act, 1998, or the Cross-Border Road Transport Act, 1998, as the case may be. |
| (3) | Any act, direction or decision of the Tribunal under subsection (1)(b)() or (c) will, except for the purposes of subsection (1), be deemed to be an act, direction or decision of the Board or Regulatory Committee against whose act, direction or decision the appeal was brought. |
| (4) | The Tribunal must— |
| (a) | within the prescribed period cause the parties involved in the appeal to be notified in writing of the decision of the Tribunal; |
| (b) | at the written request of any person whose rights have been adversely affected by the said decision, in writing furnish any such person with reasons for the decision within the prescribed period. |