The National Road Traffic Act 93 of 1996:
51B. Right of appeal to chief executive officer
(1) Any person who is aggrieved at the refusal of an examiner for driving licences to issue or authorise the issue to him or her of a learner’s or driving licence, may, within 21 days after such refusal, in writing appeal to the chief executive officer, and such person shall at the same time serve a copy of the appeal on the examiner concerned.
(2) Any person who is aggrieved at the refusal of an examiner of vehicles or a testing station to issue certification of roadworthiness in respect of a motor vehicle or to authorise the issue of such certification to him or her, or at the conditions subject to which such certification was issued to him or her, may, within 21 days after such refusal or after the issue of certification subject to the conditions concerned, in writing appeal against any such refusal or conditions concerned to the chief executive officer, and such person shall at the same time serve a copy of the appeal on the examiner or the testing station.
(3) After receipt of the copy of appeal referred to in subsection (1) or (2), the examiner for driving licences or the
examiner of vehicles or the testing station, as the case may be, shall forthwith furnish the chief executive officer with his or
her reasons for the decision to which such appeal refers.
(4) For the purpose of deciding an appeal under subsection (1), the chief executive officer may nominate any person
to examine and test the appellant as to his or her competency to drive the class of motor vehicle concerned and may in
addition require each party to the appeal to furnish such information and evidence as he or she deems expedient.
(5) For the purpose of deciding an appeal under subsection (2), the chief executive officer may—
(a) where the appeal concerns a certification of roadworthiness, cause the motor vehicle concerned to be examined and tested by an examiner of vehicles nominated by him or her; and
(b) require each party to the appeal to furnish such information and evidence as he or she deems necessary.
(6) The chief executive officer may after considering the appeal give such decision as he or she deems fit.
(7) An appeal referred to in subsections (1) and (2), shall include an appeal against any refusal, suspension,
cancellation or decision in terms of the laws of any province.
[S. 51B inserted by s. 26, Act 21/1999 by Proc. 48 of 31 July 2000 w.e.f. 1 August 2000.]
So your pupil will need to submit the following documents if they failed their learners or driving licence test:
N.B. These documents must be submitted to three people (The Provincial official authorised to handle the appeal process, the Manager of the Testing Centre and the Examiner concerned within 21 days of failing the test. You could also cc your driving instructor, so that they can assist and support you in the process.
- The learner driver’s full name
- Their identity number
- Their contact details
- The date/s of their last learners or driving licence test/st
- The testing station where you took the test
- The time of the appointment/s
- Copies of the test sheet/s (if available)
- The name of the examiner
- The name of the Manager of that Testing Station.
These documents must be submitted to the relevant Provincial Department of Transport. Ask the Manager of your local Drivers Licence Testing Centre for the correct contact details for your area.