PART IX APPEALS 39 Appeal to Administrative Court (1) Subject to this Act, any person who is aggrieved by a decision of a licensing authority may appeal against the decision to the Administrative Court. (2) A person who wishes to appeal in terms of subsection (1) shall, within the period of twenty-eight days following the date he is notified of the decision of the licensing authority concerned or within such extension of that period as the Administrative Court may allow, submit a notice of appeal, setting out the grounds on which the appeal is brought, to the Administrative Court and a copy of such notice to the licensing authority concerned. (3) Within the period of fourteen days following receipt by it of a copy of a notice of appeal referred to in subsection (2) the licensing authority shall forward— (a) to the Administrative Court the record of the proceedings which relates to the decision appealed against and a copy of any such representations it may wish to make in reply to the notice of appeal; and (b) to the appellant a copy of any representations it may have submitted in terms of paragraph (a). 40 Composition of Administrative Court (1) For the purpose of hearing an appeal in terms of subsection (1) of section thirty-nine, the Administrative Court shall consist of a President of the Court and three assessors appointed, subject to subsection (2), by the President of the Court. (2) In respect of assessors referred to in subsection (1)— (a) in the case of an appeal concerning the area under the jurisdiction of a local authority, one assessor shall be appointed from a list of names of not less than three persons, who are not councillors or employees of a local authority, submitted— (i) by the Urban Councils Association of Zimbabwe where the area concerned is under the jurisdiction of a municipal council, town coun cil or local board, or (ii) by the Association of Rural District Councils where the area concerned is under the jurisdiction of a rural district council; (b) in the case of an appeal concerning an area not referred to in paragraph (a), one assessor shall be a ppointed by the Minister; (c) one assessor shall be appointed after consultation with the National Chambers of Commerce of Zimbabwe; (d) one assessor shall be appointed after consultation with the Confederation of Zimbabwe Industries. (3) If any association referred to in paragraph (a ) of subsection (2) for any cause whatsoever fails, neglects or refuses to submit a list of names, the President of the Court may appoint as an assessor any person whom he thinks fit. (4) No person shall sit as an assessor at the hearing of any appeal in which he is personally interested, directly or indirectly, or in which his spouse, partner or relative within the first degree of consanguinity or affinity is directly or indirectly interested or in which any company in which he is a manager, officer, employee or agent is directly or indirectly interested. PART X L IABILITY, P ROCEDURE, O FFENCES AND P ENALTIES 41 Vicarious liability of holder of licence or permit When an agent or employee of a holder of a licence or permit or a member of the family of such holder does or omits to do anything which it would have been an offence in terms of this Act for such holder to do or omit to do such holder shall be deemed himself to have done or omitted to do such thing and he shall be liable to be convicted and sentenced therefor unless he proves to the satisfaction of the court that— (a) such thing was done or was omitted to be done without his connivance or consent; (b) he took all reasonable steps to prevent such act or omission: Provided that the fact that he had given instructions to prohibit such act or omission shall not of itself be accepted as conclusive proof that he took all reasonable steps to prevent it; (c) it was not in terms of any condition or in any circumstances within the scope of the authority or in the course of the employment of such agent, employee or member to perform or fail to do or omit to do acts, whether lawful or unlawful, of the character of the act or omission charged. 42 Liability in relation to members and delegates of licensing authorities Without prejudice to any defence or limitation which might be available in terms of any law, no liability shall attach to any member of a licensing authority, or any member of a committee thereof or any person who is the delegate thereof in terms of this Act in respect of any loss or damage sustained by any person as a result of the