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Formal Consolidation | 2000 RevEd
Appeal to Minister
69.—(1) Any telecommunication licensee aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or
(b)
anything contained in any code of practice or standard of performance or in any direction of the Authority given under section 27,
may appeal to the Minister in the prescribed manner.
(2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until the determination of the appeal.
(3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance.
(4) The decision of the Minister in any appeal shall be final.
Informal Consolidation | Amended Act 10 of 2005
Reconsideration by Authority and appeal to Minister
69.—(1) Any telecommunication licensee aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or
(b)
anything contained in any code of practice or standard of performance or in any direction of the Authority given under section 21, 27, 32D or 32F(2),
may, within 14 days of the receipt of the decision or direction of the Authority or the issue or approval of the code of practice or standard of performance, as the case may be —
(i)
make a request to the Authority to reconsider the matter; or
(ii)
appeal to the Minister.
(2) Any person (other than a telecommunication licensee) who is aggrieved by any decision or direction of the Authority given by or under section 5(1), 5A, 8(1), 14, 21, 23, 32B or 32D may, within 14 days of the receipt of the decision or direction of the Authority —
(a)
make a request to the Authority to reconsider the matter; or
(b)
appeal to the Minister.
(3) A person shall not make both a reconsideration request to the Authority and an appeal to the Minister arising from the same decision or direction of the Authority.
(4) Where a reconsideration request and an appeal have been made in contravention of subsection (3), the appeal shall be deemed to be withdrawn.
(5) Where —
(a)
a reconsideration request has been made to the Authority by any person; and
(b)
an appeal arising from the same decision or direction of the Authority is made or has been made to the Minister by any other person,
the appeal to the Minister shall be deemed to be withdrawn.
(6) The Authority may determine any reconsideration request under this section by confirming, varying or reversing any decision or direction or by amending any code of practice or standard of performance.
(7) Any telecommunication licensee or person referred to in subsection (2), as the case may be, who is aggrieved by any decision of the Authority under subsection (6) may appeal to the Minister within 14 days of the receipt of the decision.
(8) Any person who makes an appeal to the Minister under subsection (1), (2) or (7) shall within the period specified therein —
(a)
state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and
(b)
submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be.
(9) The Minister may reject any appeal of an appellant who fails to comply with subsection (8) or (10).
(10) Where an appeal has been made to the Minister under subsection (1), (2) or (7), the Minister may require any person to whom subsection (11) applies to provide him with all such information as he may require for the purpose of considering the appeal and making a determination for resolving it.
(11) Subsection (10) shall apply to —
(a)
any party to the appeal; and
(b)
any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection.
(12) Any person required to provide information under subsection (10) must provide it in such manner and within such period as may be specified by the Minister.
(13) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or standard of performance.
(14) Any decision of the Minister under subsection (13) shall be final.
(15) Unless otherwise provided, where a reconsideration request or an appeal is made under this section, the decision, direction or other matter which requires reconsideration by the Authority or which is appealed against shall be complied with until the determination of the reconsideration request or the appeal, as the case may be.
(16) The Minister may make regulations in respect of the manner in which an appeal may be made to the Minister under subsection (1), (2) or (7) and the procedure to be adopted in hearing such appeals.