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REVIEW BOARD REGULATIONS

Government Notice 20748
13 September 1985
[ Regulations under Section 20 read with Section 9 ]

REVIEW BOARD REGULATIONS

I, Kent Diederich Skelton Durr, Deputy Minister of Finance and of Trade and Industry, acting on behalf of the Minister of Trade and Industry, have, in terms of section 20 read with section 9 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), promulgated the regulations set out in the Schedule.

Commentary:

Note the Concourt decision i.r.o the validity of the Review Board Reglations.. 

    - Concourt judgment media release

    - Concourt judgement 

    - Original High Court judgment

Disclaimer...

Regulation 1

In these regulations any word to which a meaning has been assigned in the Act shall bear that meaning and unless the context otherwise indicates -

"appellant"  means a person who has lodged a notice of appeal to the board in terms of these regulations;  

"board" means the review board contemplated in section 9 of the Act;  

"chairman" means a chairman designated by the Minister in terms of section 9(2)(a) of the Act;  

"Director-General" means the Director-General of the bureau;  

"member" means a person appointed by the chairman in terms of section 9(2)(b) of the Act;  

"party" means a party to any appeal to the board;  

"the Act" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977). 

Regulation 2

A body referred to in Annexure A to these regulations may nominate not more than six persons whose names may be included in the list compiled for purposes of appointment on the board.

Regulation 3

A body referred to in regulation 2 may within a period not exceeding 30 days from the date on which it is invited by notice in writing by the Director-General so to do, submit to him the names of such nominees, and shall in respect of every such nominated person state -

    (a) his full name, address and occupation;

    (b) his qualifications and experience; and  

    (c) any other information indicating why such person is considered to be suitable for inclusion in the list.

Regulation 4

Every nomination referred to in regulation 3 shall include the nominee's written consent for his name to be included in the said list.

Regulation 5

A list compiled in terms of these regulations shall be valid for a period of three years from the date the Director-General shall have compiled such a list: Provided that if on the date of expiration of such list the board has not disposed of any appeal being dealt with by it on the date of such expiry, the members of the board shall continue to serve on the board until such appeal has been finalised.

Regulation 6

The Director-General may in his discretion accept any or all of the names so submitted and he may, if in his opinion any particular branch of the building industry will not adequately be represented, include the names of persons not nominated in terms of this regulation.

Regulation 7

The Director-General shall keep such list in his office where it shall be open for inspection at all reasonable times.

Regulation 8

The Director-General may in his discretion, from time to time, add to or delete from such list the name of any person, should circumstances so necessitate this.

Regulation 9

1. Any person desirous of appealing to the board in terms of the Act may -

    (a) lodge with the Director-General for transmission to the chairman a notice of appeal in writing in which he shall set out the grounds on which such appeal is based; and  

    (b) simultaneously lodge a copy of such notice of appeal with the local authority in question.

2. (a) Any appeal shall be accompanied by such plans, specifications and documents as will enable the board effectively to deal with the appeal and the board may call for and the appellant shall submit any additional information it may require.  

    (b) Copies of such plans, specifications and documents shall similarly be delivered to the local authority in question.

    (c) The local authority in question shall furthermore be furnished with a copy of any additional information obtained by the board in accordance with this subsection.

3. Any such notice of appeal lodged with the Director-General shall be accompanied by a fee of R100 which amount shall accrue to the council.  

4. The board shall not be constituted unless the fee referred to in subregulation (3) has been paid.

Regulation 10

1. Upon receipt of the notification referred to in regulation 9(1)(b) the local authority shall within 21 days of the date of such notification forward the reasons for its decision to the Director-General and if it should have any comments on any additional information obtained by the board in terms of regulation 9(2)(a), such comments shall be forwarded to the board within a period of 14 days from the date on which such additional information was furnished to it by the board.

2. The board may on good cause shown extend the period referred to in subregulation (1) for an additional period not exceeding 30 days.

Regulation 11

1. Notwithstanding anything to the contrary contained in these regulations, the board shall be entitled in its discretion either -

    (a) without formal hearing, to give a decision based on the documents submitted to the board in accordance with regulations 9 and 10, or

    (b) owing to the nature or complexity of the appeal, to cause the matter to be set down for hearing on a date and at a time and place to be indicated by the chairman and the chairman shall at least 14 days before the date of such hearing serve a notice by registered post upon each of the members and the parties informing them of such date, time and place.

2. (a) The board may, if it considers the attendance of any person as a witness necessary for the purpose of hearing an appeal, summon such person by causing a notice, substantially in the form set out in Annexure B to these regulations, to be served by registered post on such person. 

    (b) Any person on whom a notice has been served in terms of these regulations who fails to attend in terms of such notice or who, having so attended, absents himself from the hearing without having been excused by the board, shall be guilty of an offence and liable on conviction to a fine not exceeding R200 or to imprisonment for a period not exceeding two months.

3. Neither the chairman nor any member shall participate in any proceedings of the board or in any way influence or try to influence the decision of the board in any matter being dealt with or required to be dealt with by the board if the chairman or member has any direct or indirect pecuniary or personal interest in any such matter.

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.

Regulation 13

1. The decisions of the board shall be taken by majority vote.

2. Any proceedings before the board may be adjourned by the chairman to such date, time and place as he may deem fit.  

3. The board may at any time prior to its final decision in its discretion order any proceedings to be re-opened for the purpose of hearing or considering further evidence or arguments which, as may be directed by. the board, may be either oral or written.  

4. The board may -  

    (a) dismiss the appeal and confirm the refusal or any conditional approval of the local authority; or.

    (b) uphold the appeal in whole or in part, and

    (c) order the local authority to pay a successful appellant an amount equivalent to the amount paid by the appellant in terms of regulation 9(3), or any part of such amount.

Regulation 14

Any person summoned by the board in terms of regulation 11(2) shall be entitled to witness fees, paid by the council, in accordance with the tariff of allowances prescribed in terms of section 51bis of the Magistrates' Courts Act, 1944 (Act 32 of 1944), payable to a witness in civil proceedings before a magistrate's court.

Regulation 15

Subject to the provisions of regulation 13(4)(c) each party shall be liable for his own costs in regard to any appeal to the board.

Regulation 16

1. The chairman shall keep or cause to be kept minutes of the proceedings of the board, as well as a record of any evidence given before the board, and such minutes and record, the relevant notice of appeal, any document which the board has considered and the written reasons of the board, shall constitute the record of the proceedings of the board.

2. Such minutes and record shall be forwarded to and kept in safe custody by the Director-General and such records shall be open for inspection by any person against payment of a search fee of R20 for each record so inspected.

Regulation 17

Any power or duty conferred or imposed on the Director-General by these regulations may be delegated or assigned to any member of the staff of the council and the Director-General shall not thereby be divested or relieved of any such power or duty by reason of such delegation or assignment.

Regulation 18

1. Any member of the board who is not in the full-time service of the State or the bureau, shall receive the remuneration and travel and subsistence allowance according to the rules for the financial and General Administration of Commissions and Departmental Committees of Enquiry as determined by the Treasury from time to time.

2. Any such remuneration and allowances shall be paid by the council.

Regulation 19

Any person who -

    (a) obstructs, hinders or interferes with any proceedings of the board;

    (b) discloses, except when required to do so by a court of law, any information or evidence relating to any matter dealt with by the board which he reasonably should have known would be likely to defeat the purpose of the decision of such board;

    (c) knowingly makes a false statement in connection with any provisions of these regulations;

    (d) fails to comply with any order or instruction given by the board in terms of these regulations,

shall be guilty of an offence and liable on conviction to a fine not exceeding R200 or to imprisonment for a period not exceeding two months.