Page:Population Registration Act 1950.pdf/6



transmitted by the Director to the person to whose classification the objection relates.

(3) Every objection received by the Director in terms of sub-section (2) shall be referred by him for decision to a board of not less than three persons, including the chairman, constituted for the purpose by the Minister, and presided over by a person, appointed by the Minister, who is or has been a judge of the Supreme Court of South Africa, or a magistrate: Provided that no objection which relates to the classification of a person other than the objector shall be so referred for decision unless the objector has paid the deposit referred to in sub-section (4).

(4) Every person who lodges an objection with the Director in terms of sub-section (2) against the classification of any other person, shall deposit with the Director an amount of ten pounds which amount shall—

if the objection is sustained by the board to which it has been referred for decision in terms of sub-section (3), be refunded to the objector; or

if the objection is rejected by the board, be forfeited to the State.

(5) The provisions of the Commissions Act, 1947 (Act No. 8 of 1947), except section one thereof, shall apply mutatis mutandis with reference to any board constituted under sub-section (3) of this section: Provided that the Director and every objector and every person in regard to whose classification the objection has been made, shall be entitled to appear before the board concerned either in person or by counsel or attorney on his behalf, to cross-examine witnesses and to adduce such evidence as may be relevant to the matter before the board: Provided further that all sittings of a board shall be held in public or in camera as the person whose classification is in issue may elect.

(6) A board may, if it is satisfied that an objection made in terms of sub-section (1) against the classification of a person other than the objector is unfounded or frivolous or vexatious, order the objector to pay to the person against whose classification the objection has been made, an amount not exceeding an amount equal to the reasonable costs incurred by the latter in connection with his appearance at the hearing of the objection, and any such order shall have all the effects of and may be executed as if it were a civil judgment of a magistrate’s court.

(7) The decision of a board shall be final and binding upon all persons including the Director: Provided that any person who considers himself aggrieved by a decision of a board in regard to his own classification may within thirty days after the decision of the board has been given, appeal against that decision by way of application on notice of motion to the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area within which such person is ordinarily resident.