| (1) | The Appeals Tribunal is hereby established. |
| (a) | has jurisdiction throughout the Republic; |
| (b) | is a juristic person; |
| (c) | is a tribunal of record; and |
| (d) | must exercise its functions in accordance with this Act or any other applicable legislation. |
| (3) | The Tribunal consists of a Chairperson and eight other persons appointed by the President, on a part-time basis, and on the recommendation of the Minister, from among those persons nominated by the Minister in response to a public call for nominations as prescribed. |
| (a) | appoint the Chairperson and other members of the Tribunal no later than the date on which this Act comes into operation; and |
| (b) | appoint a person to fill any vacancy which may occur on the Tribunal. |
| (5) | To be eligible for appointment or designation as a member of the Tribunal, and to continue to hold that office, a person must— |
| (a) | not be subject to any disqualification set out in subsection (6); and |
| (b) | have submitted to the Minister a written declaration stating that the person— |
| (i) | is not disqualified in terms of subsection (6); and |
| (ii) | does not have any interests referred to in subsection (6)(a). |
| (6) | A person may not be a member of the Tribunal if that person— |
| (a) | personally or through a spouse, partner or associate— |
| (i) | has or acquires a direct or indirect financial interest in a transport-related company or entity; or |
| (ii) | has or acquires an interest in a business or enterprise, which may conflict or interfere with the proper performance of his or her duties as a member of the Tribunal; |
| (b) | is an unrehabilitated insolvent or he or she becomes insolvent and the insolvency results in the sequestration of that person’s estate; |
| (c) | has ever been, or is, removed from an office of trust on account of a guilty finding in respect of a complaint of misconduct related to fraud or the misappropriation of money; |
| (d) | is subject to an order of a competent court holding that person to be mentally unfit or mentally disordered; |
| (e) | within the previous 10 years has been, or is, convicted in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), an offence under the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), or an offence involving dishonesty; or |
| (f) | has been convicted of any other offence committed after the Constitution of the Republic of South Africa, 1996, took effect, and sentenced to imprisonment without an option of a fine. |
| (7) | For the purpose of subsection (6)(a), a financial interest does not include an indirect interest held in any fund or investment if the person contemplated in that subsection has no control over the investment decisions of that fund or investment. |
| (8) | A member of the Tribunal must promptly inform the Minister in writing after acquiring an interest that is, or is likely to become, an interest contemplated in subsection (6)(a). |
| (9) | A member of the Tribunal must not— |
| (a) | engage in any activity that may undermine the integrity of the Tribunal; |
| (b) | attend, participate in or influence the proceedings of the Tribunal, if, in relation to the matter before the Tribunal, that member has an interest— |
| (i) | contemplated in subsection (6)(a); or |
| (ii) | that precludes that member from performing the functions of a member of the Tribunal in a fair, unbiased and proper manner; |
| (c) | make private use of, or profit from, any confidential information obtained as a result of performing that person’s functions as a member of the Tribunal; or |
| (d) | divulge any information referred to in paragraph (c) to any third party, except as required as part of that person’s official functions as a member of the Tribunal. |
| (10) | If, at any time, it appears to a member of the Tribunal that a matter being considered by the Tribunal during proceedings concerns an interest of that member referred to in subsection (9)(b), that member must— |
| (a) | immediately and fully disclose the nature of that interest to the members present; and |
| (b) | withdraw from the proceedings to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter. |
| (11) | The disclosure by a member of the Tribunal in terms of subsection (10)(a), and the decision by the Tribunal in terms of subsection (10)(b), must be expressly recorded in the records of the proceedings in question. |
| (12) | The proceedings of the Tribunal, and any decisions taken by a majority of the members present and entitled to participate in those decisions, are binding despite— |
| (a) | a member of the Tribunal failing to disclose an interest as required by subsection (10); or |
| (b) | a member of the Tribunal, having an interest, attending or participating in those proceedings. |
[Section 29A inserted by section 16 of the Administrative Adjudication of Road Traffic Offences Amendment Act, 2019 (Act No. 4 of 2019), Notice No. 1080, GG42648, dated 19 August 2019 - shall come into operation, (a) 1 December 2025 and, (b) 1 April 2026 respectively, per Proclamation 272 of GG53099, dated 1 August 2025 except for section 2(g)]
