Late Lodging of Appeal Disallowed

The FSB Appeal Board issued an urgent notice recently regarding late lodging of appeals after a decision in the Cyclone Matibe Makola case against the Registrar. In this case, the appellant noted his appeal some four months after the decision, and also lodged a condonation application for his failure to appeal within the prescribed period.

A notice, published subsequent to this decision, states:

Please note that in the light of the Cyclone Matibe Makola decision, handed down on 18 May 2015, specifically paragraphs 23 to 27 thereof, the late noting of an appeal and application for condonation are, in terms of the FSB Act, not competent and this office cannot process any such appeals.

An appeal filed outside of the 30-day period allowed for the noting of an appeal in the FSB Act is a nullity and will accordingly not be processed. Paragraph 3 of the guidelines must therefore be ignored. Guidelines have no force of law and are merely guidelines. In view of this decision, the appeal board is currently reviewing the guidelines.

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