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Cap. 620 · National Foreign Direct Investment (Cap. 620)

Cap. 620 Art. 18Right of appeal. Cap. 490. Cap. 490.  Cap. 490.     Cap. 12.      Cap. 12.

PART VII

In KraftAmtlicher Text

(1) The Administrative Review Tribunal established by article 5 of the Administrative Justice Act shall be competent to hear and determine:

(a) objections made by any person aggrieved by a decision taken according to article 12;

(b) objections made by any person aggrieved by an administrative penalty imposed on that person in terms of this Act:

Provided that unless otherwise prescribed by law, an appeal application lodged in terms of this sub-article to the Administrative Review Tribunal shall be filed within twenty (20) days from the receipt of the decisions mentioned in paragraphs (a) and, or (b).

(2) Notwithstanding anything contained in the Administrative

Justice Act, the Administrative Review Tribunal shall serve the appeal applications filed in its registry on the respondent without delay. The respondent shall have the right to file a written reply within twenty

(20) days from the date of service. The Tribunal shall subsequently set a date for hearing within eight (8) working days from the filing of a reply by the respondent or following the lapse of twenty (20) days from when the respondent is served with the appeal, even if no reply is filed by the respondent within such time-frame. The Tribunal shall, after appointing the appeal application for hearing, decide on its merits after receiving any evidence it deems fit, within the shortest time possible, but not later than six (6) months from the day when the application has been duly notified.

(3) There shall be a right of appeal on points of law in accordance with the provisions of Part IV of the Administrative Justice

Act from decisions of the Administrative Review Tribunal under sub-

article (1) and such appeal shall be to the Court of Appeal (Inferior

Jurisdiction) as constituted in accordance with article 41(6) of the Code of Organization and Civil Procedure.

(4) The right of appeal mentioned in sub-article (3), shall be exercised within twenty (20) days from the date of the Tribunal’s decision and a copy of the appeal application shall be served on the respondent, who may file a written reply within twenty (20) days from the date of service.

(5) In the absence of an appeal application in terms of sub-

article (1)(b), the decision of the Office to impose administrative penalties shall become final and shall constitute an executive title for the purpose of Title VII of the Code of Organization and Civil

Procedure as if the decision had been delivered by a judgment of a Court of Civil jurisdiction.