| (1) |
The Committee must consider an appeal referred to in section 15(5) or 17(7) at a meeting determined by the Chairperson, and the Chairperson must inform the complainant and the respondent in writing— |
| (a) |
of the time and place of the meeting; and |
| (b) |
that they may submit written representations within a specified period for consideration by the Committee. |
(2)
| (a) |
A meeting referred to in subsection (1) must, subject to paragraph (c), be attended by at least three members of the Committee and be presided over by the Chairperson, but no member who made any decision or finding, or imposed any remedial step, that is the subject of the appeal, may participate in the consideration of the appeal. |
| (b) |
[Section 8(2)(b) deleted by section 22 of Act No. 42 of 2013] |
| (c) |
If any member of the Committee is for any reason unable to participate in the consideration of an appeal in terms of this section and there are not at least three of the other members available to so participate in the appeal, the Chief Justice may appoint any judge as a temporary member of the Committee for the purpose of the consideration of such an appeal. |
| (3) |
At the meeting referred to in subsection (1), the Committee must consider— |
| (i) |
the dismissal against which the appeal is brought, as contemplated in section 15(4)(a) or 17(6)(a); or |
| (ii) |
the finding or remedial steps, or the finding and the remedial steps, as the case may be, against which the appeal is brought, as contemplated in section 17(6)(b); |
| (b) |
the grounds for the appeal, as contemplated in section 15(5) or 17(7)(a) or (b), as the case may be; |
| (c) |
any representations submitted in terms of subsection (1)(b): and |
| (d) |
such further written or oral argument, if any. as may be requested by the Committee. |
| (4) |
After consideration of an appeal in terms of subsection (3), the Committee must— |
| (a) |
in the case of an appeal against a dismissal of a complaint as contemplated in section 15(4)(a)— |
| (i) |
confirm the dismissal; |
| (ii) |
set aside the dismissal and refer the complaint to the Chairperson for an inquiry in terms of section 17; or |
| (iii) |
set aside the dismissal and recommend to the Commission that the complaint should be investigated by a Tribunal in terms of section 19; |
| (b) |
in the case of an appeal against a dismissal of a complaint as contemplated in section 17(7)(a)— |
| (i) |
confirm the dismissal; |
| (ii) |
set aside the dismissal, and find that the complaint has been established and that the respondent has behaved in a manner which is unbecoming of a judge, and impose any of the remedial steps referred to in section 17(8) on the respondent; or |
| (iii) |
set aside the dismissal and recommend to the Commission that the complaint should be investigated by a Tribunal in terms of section 19; or |
| (c) |
in the case of an appeal against a finding or remedial steps, or a finding and remedial steps as contemplated in section 17(7)(b)— |
| (i) |
set aside the decision concerned; or |
| (ii) |
confirm the decision or set aside the decision concerned and substitute it with an appropriate decision, with or without any amendment of the remedial steps imposed, if applicable; or |
| (iii) |
set aside the decision and recommend to the Commission that the complaint should be investigated by a Tribunal in terms of section 19. |
| (5) |
The Committee must in writing inform the complainant and the respondent of its decision in terms of subsection (4) and the reasons therefore. |
[Section 18 inserted by section 9 of Act No. 20 of 2008]
Housing Development Agency Act, 2008
