Mandating Procedures of Provinces Act, 2008
R 385
Housing Consumers Protection Measures Act, 1998 (Act No. 95 of 1998)RegulationsRegulations regarding NHBRC Disciplinary Proceedings5. Hearing |
| (1) | At the commencement of an inquiry the prosecutor must read the charge to the home builder and must ask the home builder to plead guilty or not guilty thereto. |
| (2) | If the home builder refuses or fails to plead to the charge at the inquiry, it must be recorded that the home builder pleaded not guilty, and thereupon the inquiry must be proceeded with as if the home builder had in fact pleaded not guilty to the charge. |
| (3) | A home builder may be assisted by an adviser, including a legal adviser, at an inquiry at the home builder's cost. |
| (4) | Subject to the provisions of these rules, evidence at an inquiry must be given orally or be tendered by way of sworn affidavits: Provided that no affidavit must be admitted in evidence if the committee is satisfied that there are sufficient grounds why it should not be admitted. |
| (5) | Unless an affidavit has been made available to a party before the hearing to consider such affidavit, the affected party may object to the acceptance thereof without having an opportunity to consider the affidavit. |
(6) The chair of the committee must administer an oath to or accept an affirmation from any person giving evidence.
(7) Whenever the home builder has pleaded guilty to a charge—
| (a) | if the committee is satisfied that the home builder is guilty of a contravention contemplated in section 11(1) of the Act, and the committee is satisfied that the charge can be disposed of without hearing evidence, then the committee may find the home builder guilty of the charge without hearing evidence; |
| (b) | the committee may, and at the instance of the home builder must, hear or accept further evidence in connection with the charge, irrespective of whether or not the committee is satisfied that the home builder is guilty of the charge. |
| (8) | If the home builder has pleaded not guilty to the charge or the committee has decided to hear or accept further evidence in connection with the charge in terms of subregulation (7), the committee must give the prosecutor the opportunity of adducing evidence in support of the charge. |
| (9) | After the prosecutor has adduced evidence in support of the charge in terms of subregulation (7) or (8), the committee must give the home builder the opportunity to adduce evidence in its defence against the charge. |
| (10) | Witnesses may be cross-examined by the parties and may also be examined by the committee. |
| (11) | After all the evidence in connection with a charge has been adduced or if the committee has decided in terms of subregulation (7), not to hear any further evidence in connection with the charge, the prosecutor and the home builder may address the committee and the committee may allow the parties to reply to issues raised. |
| (12) | After the proceedings contemplated in subregulation (11) have been concluded the committee must consider the evidence submitted at the inquiry, in order to come to a decision whether the home builder should be convicted on the charge. |
| (13) | The committee must inform the home builder and the affected housing consumer of its decision. |
| (14) | A committee may at any time, for sufficient cause, adjourn the inquiry to a date determined by it. |
