CENSORSHIP AND ENTERTAINMENTS CONTROL ACT (updated 1st May 2004)

(5) There shall be paid to all persons appointed
under this section such remuneration or allowances
or both as may be prescribed.
19 Appeal to Appeal Board
(1) Any person who is aggrieved by a decision
of the Board given under this Act may, in the
manner and within the period prescribed, appeal
against that decision to the Appeal Board.
(2) Upon the noting of an appeal under this section the appellant shall pay the prescribed fees,
which shall accompany the notice of appeal, and no
appeal shall be entertained by the Appeal Board
until such fees have been paid.
(3) The Appeal Board shall thereupon inquire
into and consider the matter and may confirm, vary
or set aside the decision of the Board or give any
other decision which the Appeal Board may consider just, and, subject to section twenty, the decision of the Appeal Board shall be final.
(4) Where the appellant is wholly or partly successful in the appeal the fees paid under subsection
(2) shall be refunded to him.
20 Questions of law may be referred to
Supreme Court
(1) If in any proceedings before the Appeal
Board⎯
(a) a question of law arises for decision; or
(b) a question arises as to whether a matter for
decision is a question of fact or a question of
law; or
(c) a question arises as to the admissibility of
evidence;
the president of the Appeal Board may, at the
request of any person directly affected by the
Appeal Board’s decision on the proceedings, refer
the matter to the Supreme Court for decision,
whether before or after the Appeal Board has given
its decision on the proceedings:
Provided that a matter shall not be referred to the Supreme Court in terms of this subsection in pursuance of a request made more than
one month after the Appeal Board has given its
decision on the proceedings.
(2) If after the Appeal Board has given its decision on any proceedings, the president of the
Appeal Board refuses any request to refer a question to the Supreme Court in terms of subsection
(1), the person by whom the request was made
may, within one month of the giving of that decision, apply to the Supreme Court for an order
directing the president of the Appeal Board to refer

the question to the Supreme Court, and the president of the Appeal Board shall comply with any
such order.
(3) On any reference to the Supreme Court under this section and on any application under
subsection (2), the Board and every person who
appeared or was represented in the proceedings
before the Appeal Board shall be entitled to appear
and be heard.
(4) Where a question has been referred to the
Supreme Court in terms of subsection (1) after the
Appeal Board has given its decision on the proceedings concerned and the Supreme Court decides
that the question was erroneously determined by
the Appeal Board⎯
(a) the Appeal Board shall, if it considers it
requisite to do so for the purpose of giving effect to the Supreme Court’s decision, give the
persons concerned in the proceedings a further opportunity of presenting their cases;
and
(b) the Appeal Board shall reconsider its decision
on the proceedings concerned in conformity
with the Supreme Court’s decision; and
(c) if on such reconsideration it appears to the
Appeal Board to be appropriate to do so, the
Appeal Board shall revoke or amend its decision or give such other decision on the proceedings as the Appeal Board considers just.
(5) Any reference of a question to the Supreme
Court under this section shall be by way of stating
a case for the Supreme Court’s opinion.
21 Certificate prohibiting disclosure
(1) Where the Minister considers it necessary or
expedient to do so, he may issue a certificate to the
Appeal Board or to any court to which any decision, order or proceedings of the Board or the
Appeal Board has or have been brought on review
or appeal that it would not be in the public interest
for any matter relating to the decision, order or
proceedings of the Board, the Appeal Board or the
court concerned, other than the actual result thereof, to be publicly disclosed.
(2) Upon the issue of a certificate in terms of
subsection (1)—
(a) the proceedings before the Appeal Board or
the court concerned shall be held in camera;
(b) no person other than the parties, their legal
representatives or any person whose presence
is considered by the Appeal Board or court
concerned to be necessary in connection with

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[Chapter 10:04]

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