62 in the possession or under the control of a person in contravention of this Act or the Broadcasting Act [Chapter 12:01]; or (c) a book, record or document which he has reasonable cause to suspect will afford evidence of the commission of an offence against this Act, or, as the case may be, the Broadcasting Act [Chapter 12:01] relating to the matters referred to in subparagraph (ii) of paragraph (c) of subsection (6); and may retain it for so long as may be necessary for the purpose of any examination, investigation, trial or inquiry. (11) An inspector may, in the exercise of the powers conferred upon him by this section, order a person referred to in subsection (8) to cease using, pending inquiry by the Authority, a radio station or radio or other apparatus which, in his opinion, is causing harmful interference or is being worked otherwise than in accordance with this Act, the Broadcasting Act [Chapter 12:01], or the International Telecommunication Constitution or, as the case may be, the terms and conditions of his licence. (12) An inspector shall, on demand by any person affected by the exercise of the powers conferred upon him by this section, exhibit the certificate issued to him in terms of subsection (1). 96 Appeals (1) Subject to this section, any person who is aggrieved by— (a) a decision of the Authority not to issue a licence or certificate; or (b) any term or condition of a licence issued to him, or a refusal by the Authority to specify a term or condition in a licence; or (c) a refusal by the Authority to renew a licence or certificate; or (d) any amendment of a licence or a refusal by the Authority to amend a licence; or (e) the suspension or cancellation of a licence; or (f) the grant or refusal by the Authority to grant any approval or authority in terms of this Act; or (g) the outcome of any mediation by the Authority of a dispute between licensees; or (h) such decision of the Authority as may be prescribed; may, within twenty-eight days after being notified of the decision or action of the Authority concerned, appeal in writing to the Minister, submitting with his appeal such fee as may be prescribed: Provided that such appeal shall not suspend the operation of any licence or certificate issued by the Authority. (2) For the purpose of determining an appeal noted in terms of subsection (1), the Minister may require the Authority to furnish him with the reasons for the decision or action that is the subject of the appeal and a copy of any evidence upon which the reasons are based. (3) The Minister, after due and expeditious inquiry, may make such order on any appeal noted in terms of subsection (1) as he considers just. (4) An appeal shall lie to the Administrative Court against any order of the Minister in terms of subsection (3).

Select target paragraph3

Add to table of contents