§ 78 — Appeal, etc., in relation to contravention notice

78.—(1) Any person or platform operator that is issued a contravention notice by an authorised officer under section 77(1) (called in this section the initial authorised officer) may —(a)

within the prescribed period and in accordance with the prescribed procedure, request for an internal reconsideration of the contravention notice by another authorised officer (called in this section the reviewing authorised officer); or

(b)

within the prescribed period (and despite not requesting for an internal reconsideration), appeal to the General Division of the High Court which may hear and determine the matter afresh.

(2) A reviewing authorised officer reconsidering a contravention notice issued to a person or platform operator must not be subordinate to the initial authorised officer who issued the contravention notice.

(3) A reviewing authorised officer may, after reconsidering the issue of a contravention notice by the initial authorised officer —(a)

confirm the contravention notice issued by the initial authorised officer; or

(b)

cancel the contravention notice.

(4) Any person or platform operator that is aggrieved by the reviewing authorised officer’s decision under subsection (3)(a) may, within the prescribed period, appeal to the General Division of the High Court which may hear and determine the matter afresh.

(5) The procedure governing any such appeal to the General Division of the High Court is as provided in the Rules of Court.

(6) The enforcement of the payment of any administrative penalty required by a contravention notice to be paid under section 77 is stayed —(a)

if a request for internal reconsideration under subsection (1)(a) is made, until after the reconsideration is completed; or

(b)

if an appeal under subsection (1)(b) or (4) is filed, until after the appeal is completed.

(7) In relation to a contravention notice issued to a person or platform operator under section 77(1), where —(a)

an appeal to the General Division of the High Court has been filed under subsection (1)(b) or (4) and the appeal is dismissed;

(b)

the prescribed period for requesting an internal reconsideration under subsection (1)(a) has lapsed without such request made, and the prescribed period for filing an appeal to the General Division of the High Court under subsection (1)(b) has lapsed and no appeal is filed; or

(c)

the prescribed period for filing an appeal to the General Division of the High Court under subsection (4) has lapsed and no appeal is filed,

the contravention notice may, by permission of a District Court, be enforced against the person or platform operator in the same manner as a judgment of the District Court, and where permission is so given, judgment may be entered in terms of that contravention notice.

(8) The initial authorised officer may, in any case in which the initial authorised officer thinks fit, waive, remit or refund in whole or in part any administrative penalty paid or required to be paid under section 77.

—(1) Any person or platform operator that is issued a contravention notice by an authorised officer under section 77(1) (called in this section the initial authorised officer) may —(a)

within the prescribed period and in accordance with the prescribed procedure, request for an internal reconsideration of the contravention notice by another authorised officer (called in this section the reviewing authorised officer); or

(b)

within the prescribed period (and despite not requesting for an internal reconsideration), appeal to the General Division of the High Court which may hear and determine the matter afresh.

(2) A reviewing authorised officer reconsidering a contravention notice issued to a person or platform operator must not be subordinate to the initial authorised officer who issued the contravention notice.

(3) A reviewing authorised officer may, after reconsidering the issue of a contravention notice by the initial authorised officer —(a)

confirm the contravention notice issued by the initial authorised officer; or

(b)

cancel the contravention notice.

(4) Any person or platform operator that is aggrieved by the reviewing authorised officer’s decision under subsection (3)(a) may, within the prescribed period, appeal to the General Division of the High Court which may hear and determine the matter afresh.

(5) The procedure governing any such appeal to the General Division of the High Court is as provided in the Rules of Court.

(6) The enforcement of the payment of any administrative penalty required by a contravention notice to be paid under section 77 is stayed —(a)

if a request for internal reconsideration under subsection (1)(a) is made, until after the reconsideration is completed; or

(b)

if an appeal under subsection (1)(b) or (4) is filed, until after the appeal is completed.

(7) In relation to a contravention notice issued to a person or platform operator under section 77(1), where —(a)

an appeal to the General Division of the High Court has been filed under subsection (1)(b) or (4) and the appeal is dismissed;

(b)

the prescribed period for requesting an internal reconsideration under subsection (1)(a) has lapsed without such request made, and the prescribed period for filing an appeal to the General Division of the High Court under subsection (1)(b) has lapsed and no appeal is filed; or

(c)

the prescribed period for filing an appeal to the General Division of the High Court under subsection (4) has lapsed and no appeal is filed,

the contravention notice may, by permission of a District Court, be enforced against the person or platform operator in the same manner as a judgment of the District Court, and where permission is so given, judgment may be entered in terms of that contravention notice.

(8) The initial authorised officer may, in any case in which the initial authorised officer thinks fit, waive, remit or refund in whole or in part any administrative penalty paid or required to be paid under section 77.