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35 Recovery of costs and penalties by Council
The Council may, by proceedings in a competent court, recover any costs, expenses or
penalty that a person has been ordered to pay in terms of this Part.
PART VI
GENERAL
36 Appeals
(1) Subject to this section, any person who is aggrieved by any decision, direction, order
or action of the Council under this Act may appeal against it to the Administrative Court.
(2)
Notice of an appeal under subsection (1)⎯
(a) shall be in writing, specifying in detail the grounds of the appeal; and
(b) shall be lodged with the registrar of the Administrative Court and the Registrar within
thirty days from the date on which the appellant was given notice of the decision,
direction, order or action appealed against.
(3) The Registrar shall furnish the Council with copies of any notice of appeal lodged
with him in terms of subsection (1).
(4) On an appeal under this section, the Administrative Court may confirm, vary or set
aside the decision, direction, order or action appealed against or give such other decision as, in
its opinion, the Council ought to have given, and may make such order as to costs as it thinks
fit:
Provided that⎯
(i) a decision, direction, order or action of the Council following an inquiry in terms of
section thirty-one shall not be set aside solely because of an irregularity which did not
embarrass or prejudice the appellant in answering a charge or in the conduct of his
defence;
(ii) in an appeal against a decision of the Council under section thirty-two, the
Administrative Court shall not substitute a penalty more severe than that imposed by
the Council.
(5) The Council and the Registrar shall comply with any decision of the Administrative
Court made in terms of this section.
(6) The Administrative Court Act [Chapter 7:07] shall apply in relation to the
composition, procedure and powers of the Administrative Court in an appeal under this section.
37 Restoration to Register
(1) Upon written application by a person whose registration has been cancelled or
suspended, the Council may—
(a) revoke the cancellation; or
(b) notwithstanding that the period of suspension has not expired, terminate the
suspension;
as the case may be, and may impose such conditions on the cancellation or termination as the
Council thinks fit.
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