Protection of Businesses Act, 1978
R 385
Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 5 : Professional Conduct24. Proceedings after hearing |
| (1) | After the conclusion of the hearing, the disciplinary tribunal must— |
| (a) | within 30 days decide whether or not the registered person charged, is guilty of improper conduct; and |
| (b) | within 14 days after its decision, in writing inform the Council of its finding and the reasons therefor. |
| (2) | The Council must, within 30 days, from receipt of the disciplinary tribunal’s decision, in writing inform the registered person— |
| (a) | of the tribunal’s finding; and |
| (b) | of his or her right of appeal in terms of section 28. |
| (3) | The Council or a registered person found guilty of improper conduct in terms of this Act, may adduce evidence, including calling witnesses, to establish any aggravating or mitigating circumstances which must be considered by the disciplinary tribunal in determining an appropriate sanction. |
| (4) | If the registered person charged is found guilty of improper conduct, or if such person confesses during the proceedings that he or she is guilty of the offence, the disciplinary tribunal may, when informing the Council of its finding in terms of subsection (1)(b), recommend that the Council— |
| (a) | caution or reprimand the registered person; |
| (b) | impose on the registered person a fine not exceeding an amount prescribed by the Minister in consultation with the Minister of Justice and Constitutional Development; |
| (c) | suspend the registration of the registered person concerned for a period not exceeding one year; or |
| (d) | cancel the registration of the registered person concerned. |
| (5) | The disciplinary tribunal may— |
| (a) | recommend more than one of the sanctions referred to in subsection (4); and |
| (b) | order the registered person charged to pay the cost of the investigation or the disciplinary hearing. |
| (6) | The Council— |
| (a) | may give effect to a recommendation of the disciplinary tribunal; |
| (b) | must publish the outcome of a disciplinary hearing in its annual report and may publish it in any other manner it considers appropriate; and |
| (c) | must instruct the Registrar to endorse the register to record the charge, the finding of guilt and the sanction and, if applicable, the removal of the name of the registered person found guilty, from such register. |
| (7) | Any court with civil jurisdiction may on the application of the disciplinary tribunal or the Council, grant an order for the recovery from the registered person charged of any amount he or she failed to pay in accordance with a sanction imposed in terms of this Act, together with any interest thereon, after which the order so granted has the effect of a civil judgment of that court and must be executed in accordance with the law applicable in that court. |
| (8) | The Registrar must keep a record of the proceedings of every tribunal hearing. |
