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dc.contributor.authorFaul, Anthony
dc.descriptionThesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2009.
dc.description.abstractIt is the aim with this paper, to research the shortcomings experienced in the appeal procedures as contained in the Engineering Profession Act ("EPA"), in order to determine whether the process should be revised or if only certain relevant sections of the EPA should be rewritten. Due to the administrative nature of certain duties of the Council as authorised by the EPA, it makes it inevitable that appeals will follow. It is therefore imperative that the procedures to appeal, must be both functional and effective. The relevant sections of the EPA as well as the appeal procedures of the Health Professions Act's will be researched, taking into account the stipulations of the Constitution and the Promotion of Administrative Justice Act ("PAJA"). Relevant legal administrative principles and doctrines, court judgments, as well as the views of authors are also taken into account. Two major areas of concern in certain sections of the EPA have been identified: • The fact that the whole council has to decide on appeals, and • the fact that such hearings have to take place within a very limited time frame. Relevant court findings have made it clear that decisions made by authorities, have to comply with the requirements set out in the Constitution in coherence with PAJA. In conclusion, based on the Constitutional and the legal administrative requirements, it is found to be necessary to rewrite the relevant sections of the EPA, as well as the rules of appeal, as these do not make the grade at present.
dc.publisherNorth-West University
dc.subjectAdministrative lawen_US
dc.subjectAppeal proceduresen_US
dc.subjectEngineering Professions Acten_US
dc.subjectHealth Professions Acten_US
dc.subjectAdministrative rules and regulationsen_US
dc.subjectUltra vires doctrineen_US
dc.subjectSection 33 of the Constitutionen_US
dc.subjectLegitimate expectationen_US
dc.subjectPromotion of the Administrative Justice Acten_US
dc.titleGebreke in die appèlprosedures van die Wet op die Ingenieursweseprofessieafr

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  • ETD@PUK [7483]
    This collection contains the original digitized versions of research conducted at the North-West University (Potchefstroom Campus)

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