Plant Improvement Act, 2018 (Act No. 11 of 2018)Chapter 15 : Appeals49. Investigation and consideration by Board |
| (1) | The Minister may refer an appeal to the Board. |
| (2) | An appeal must be heard on the date and at the time and place determined by the chairperson. |
| (3) | The chairperson must inform the appellant and any other party that has an interest in the appeal in writing of the date, time and place of the hearing 30 days prior to the hearing. |
| (4) | The chairperson may, for the purposes of the hearing of an appeal— |
| (a) | summon any person who may have material information concerning the subject of the hearing or who has in his or her possession or custody or under his or her control any document which has any bearing upon the subject of the hearing, to appear before the Board at a date, time and place specified in the summons, to be questioned or to produce that document, and the chairperson may retain for examination any document so produced; and |
| (b) | administer an oath to or accept an affirmation from any person called as a witness at the hearing. |
| (5) | A person who appeals in terms of section 47, the Registrar and the designated authority may be represented at the appeal. |
| (6) | If a member of the Board— |
| (a) | dies during the investigation or proceedings of the appeal or so soon before the commencement of the investigation that the vacancy cannot be filled in time; |
| (b) | is unable to act and another person cannot be appointed in time; or |
| (c) | is, after the investigation has commenced, unable to continue therewith, the parties may agree that the investigation be continued by the remaining members of the Board. |
| (7) | Where the member of the Board who has died or has become incapacitated as envisaged in subsection (6) was or is the chairperson of the Board, the Minister must designate one of the remaining members of the Board to act as chairperson. |