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 743 [Chapter 10:04]