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Updated: 29 September 2019

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Review Board Regulations

Regulation 12

1. Subject to the provisions of these regulations the rules of the law of evidence shall not apply in respect of the proceedings before the board, and the board may ascertain any relevant fact and regulate its own procedure in such manner as it may deem fit.

2. The parties and their duly authorised representatives shall be entitled to appear at the hearing of an appeal, to call and examine witnesses, to produce plans, specifications or other papers relevant to the appeal and to examine any such plan, specification or paper.

3. The provisions of subsection (2) shall not affect the board's power to decide that sufficient evidence has been adduced on which a decision can be arrived at, and to order that no further evidence shall be adduced.

4. The board may require any witness whether before giving evidence or during the course of his evidence to take an oath or make an affirmation and such oath or affirmation shall be administered by the chairman.

5. The board may conduct an inspection in loco, which may include an inspection of the way or manner in which any building material is manufactured or processed on any premises, if the use or application of such building material is or becomes a matter in issue in the appeal.

6. In the event of an appeal not being proceeded with by an appellant on the day appointed by the board for the hearing thereof, the appeal may be struck off the roll, but may be reinstated if the appellant on subsequent application satisfies the board that his failure to proceed with the appeal was due to circumstances beyond his control.

7. If any review proceedings have been commenced by the board and the chairman or other member shall for any reason be unable or disqualified to participate in such proceedings to their final conclusion, the proceedings shall be quashed and shall be commenced de novo before a board constituted in terms of the Act.

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