Nursing Act, 2005 (Act No. 33 of 2005)

Regulations

Regulations Regarding an Appeal Against Decisions of the South African Nursing Council

3. Lodging an appeal
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(1)Any person or institution aggrieved by any decision of the Council, hereinafter referred to as the Appellant, shall within fifteen (15) working days following the date of receipt of correspondence from the Council informing the person or institution of the decision, notify the Registrar of his or her intention to appeal against the decision by filing a notice of appeal.

 

 

(2)The notice of appeal shall be in writing and addressed to the Registrar, containing the following information:
(a)The Council's decision against which an appeal is lodged;
(b)The grounds for appeal against the Council's decision; and
(c)The relief the Appellant is seeking.

 

(3)The Council, hereinafter referred to as the Respondent, may reply to the Appellant's notice of appeal referred to in subregulation (2) and file with the Registrar and the Appellant within ten (10) working days from the date on which the Appellant filed his or her papers with the Registrar.

 

(4)The Appellant may reply to the Respondent's reply referred to in subregulation (3) and file with the Registrar within ten (10) calendar days from the date of receipt of Respondent's reply.

 

(5)Any reply to the notice of appeal by the Respondent must be served on the Appellant by registered post or any other delivery service in which delivery or receipt is recorded.

 

(6)If no reply is filed by the Respondent or Appellant within the period referred to in subregulation (3) and (4) respectively, the Registrar shall submit the notice of appeal, together with reply documents if any, and all supporting documentation lodged, to the chairperson of the appeal committee within ten (10) working days following the date of receipt of the notice of appeal or reply, if any.

 

(7)Heads of argument may be compiled and filed with the Registrar by either party within ten (10) working days prior to the date determined by the chairperson of the appeal committee for the appeal hearing and the Registrar shall submit same to the chairperson of the committee within two (2) working days of receipt.

 

(8)The Council's decision against which an appeal has been lodged remains to be in force and effect unless varied or rescinded by the appeal committee or by the High Court.