Land Transport Appeals Tribunal
- Last Updated on 06 November 2013
Section 40. (1) Of the Land Transport Act establishes the Land Transport Appeals Tribunal.
Functions of the Tribunal
The function of the Tribunal is to hear and determine appeals against decisions of the Authority relating to-
- licensing of drivers under section 56;
- any matter requiring a decision of the Authority under Part VI;
- any other matter prescribed by the Minister by regulations,
Appointment of Tribunal
In terms of Section 41 of the Act, the Judicial Service Commission may appoint a person who-
- is qualified to be appointed as a judge; or
- has relevant academic qualifications and experience, to be the Tribunal.
The Judicial Service Commission may appoint a person possessing the qualifications stipulated in subsection 41 (1) to be alternate Tribunal, to sit whenever the person first appointed is unable to do so.
The Tribunal or the alternate Tribunal is entitled to remuneration and expenses fixed by the Authority with the approval of the Minister.
Secretary to Tribunal
Section 42 of the Act empowers the Authority to appoint a Secretary to the Tribunal and the person so appointed is entitled to such remuneration and expenses as the Authority may specify in the instrument of appointment.
Term of appointment
Section 43 allows the Tribunal, or alternate Tribunal, to hold office for a term not exceeding 3 years as may be specified in the instrument of appointment: Provided that an appointment is to be revoked for inability or incapacity to perform his functions or for neglect, corruption or other good cause proved to the satisfaction of the Judicial Service Commission.
Section 44. (1) does not allow any person to appeal to the Tribunal unless provision is made for such appeal in this Act. No appeal shall lie to the Tribunal from a decision of a delegate of the Authority unless that decision has been confirmed or otherwise dealt with by the Authority pursuant to section 12(7).
Section 45. (1) Of the Act sets out the appeals procedure-
An appeal under this section shall be commenced by notice of appeal, in writing, which shall state specifically and concisely the grounds of appeal, and shall be lodged with, or forwarded to, the Secretary to the Tribunal not later than 14 days after the date of the decision in respect of which the appeal is brought or within such other period as may be provided in the regulations.
At the time of lodging or forwarding of the notice of appeal, the appellant shall cause to be deposited with the Secretary to the Tribunal the application fee for this purpose and such fee shall be forfeited in the event the appeal is dismissed.
As soon as practicable after the receipt by the Secretary of a notice of appeal under this section, the Tribunal shall-
- fix a time and place for the hearing of the appeal; and
- cause notice of the time and place of the hearing of the appeal to be given to the appellant, to the Authority, and to any other persons involved as applicants or objectors to the original application the decision on which gave rise to the appeal,
The time and place for the hearing of an appeal under this section shall be fixed and notified to the appellant and any other interested party within 28 days after the date on which the notice of appeal is lodged with or forwarded to the Secretary to the Tribunal in accordance with this section.
Powers of Tribunal
Section 46. (1) Sets out the powers of the Tribunal.
The Tribunal shall have and may exercise, for the purpose of hearing and determining appeals under this Part, the following powers-
- to issue a summons to a witness in the prescribed form;
- to call for the production of books, plans and documents;
- to examine witnesses on oath or affirmation;
- to admit any evidence whether written or oral and whether or not such evidence would be admissible in civil or criminal proceedings;
- to exclude any person if necessary so as to ensure the proper conduct of the appeal or to preserve order.
On an appeal under this Part the Tribunal may dismiss the appeal or make such order as it thinks just and reasonable in the circumstances directing the Authority to issue, transfer, or cancel any licence, certificate or permit, or to impose, vary, or remove any condition or restriction in respect of a licence, certificate or permit, and the Authority shall comply with that order.
Upon the determination of an appeal under this section the Tribunal may make such order as it thinks just with the respect to the costs of the appeal, and any person to whom any such costs are awarded may recover the amount of those costs in any court of competent jurisdiction, as a debt due from the person against whom those costs are awarded.
Determination of appeal
Section 47 of the Act deals with the determination of Appeals.
For the purposes of the hearing and determination of any appeal the Tribunal shall have regard to those matters which the Authority is required to have regard to in considering an application under this Act.
Decisions of Tribunal
Section 8 of the Act deals with the decision of Tribunal.
A decision of the Tribunal shall be subject to an appeal, only on points of law, to the High Court.