Page:Internal Security Act 1982 South Africa.pdf/29

GOVERNMENT GAZETTE, 9 JUNE 1982

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a copy of any written representations or information, if any, submitted in terms of the provisions of section 25 (2) or 28 (9) to the Minister by the person concerned; and

such additional report or information relating to the matter as the Minister may deem necessary.

(3) After having received the documents and information referred to in subsection (2), the board of review shall investigate and consider the matter and may for that purpose, subject to the provisions of subsection (4), in its discretion also hear oral evidence or representations from any person.

(4) If the person in respect of whom the steps were taken which form the subject of the matter being investigated by the board of review, in writing applies therefor to the board of review, the board of review shall afford that person an opportunity of giving oral evidence before it, unless the chairman of the board of review is of the opinion that it would not be in the public interest so to hear such person.

(5) After having investigated and considered a matter as contemplated in subsection (3) the board of review shall, subject to the provisions of subsection (6), furnish the Minister with a written report on its findings in relation to the matter.

(6) The board of review shall in a report referred to in subsection (5)—

state whether or not it is of the opinion, by virtue of its investigation and consideration of the matter in question, that grounds exist for the amendment of the provisions of, or the withdrawal of, the notice whereby the steps in question were taken by the Minister; and

where the board of review is of the opinion that grounds exist for such amendment or withdrawal, make a recommendation in this regard to the Minister.

(7) The Minister shall as soon as possible after receipt of the report referred to in subsection (5) notify the person concerned of the findings and the recommendation, if any, of the board of review.

39. (1) The provisions of section 8 (2) to (12), inclusive, shall mutatis mutandis apply in respect of a board of review.

(2) For the purposes of subsection (1) any reference in the said provisions of section 8 to—

an inquiry, referred to in section 7 (3), by an advisory committee shall be construed as a reference to the investigation and consideration by a board of review of a matter in terms of section 38 (3);

the chairman of an advisory committee shall be construed as a reference to the chairman of a board of review;

a person appearing as a witness before an advisory committee in terms of section 7 or 8 shall be construed as a reference to a person appearing as a witness before a board of review in terms of section 38 or this section; or

the proceedings, deliberations, recommendations, record of proceedings or functions of an advisory committee shall be construed as a reference to the proceedings, deliberations, recommendations, record of proceedings or functions of a board of review.

40. The secretarial work incidental to the performance by a board of review of its functions shall, subject to the directions of the chairman of the board of review, be performed by persons in the service of the State designated for that purpose by the Minister of Justice.

41. (1) The Minister need not give effect to any recommendation made to him by a board of review in terms of section 38 (6) (b), but if the Minister’s refusal to give effect to such recommendation has the effect that stricter measures than those