| (1) |
The Commission must consider the report of a Tribunal at a meeting determined by the Chairperson, and the Commission must inform the respondent and, if applicable, the complainant, in writing— |
| (a) |
of the time and place of the meeting; and |
| (b) |
that he or she may submit written representations within a specified period for consideration by the Commission. |
| (2) |
At the meeting referred to in subsection (1) the Commission must consider— |
| (a) |
the report concerned; and |
| (b) |
any representations submitted in terms of subsection (1)(b). |
| (3) |
After consideration of a report and any applicable representations in terms of subsection (2), the Commission must make a finding as to whether the respondent— |
| (a) |
is suffering from an incapacity; |
| (b) |
is grossly incompetent; or |
| (c) |
is guilty of gross misconduct. |
| (4) |
If the Commission finds that the respondent is suffering from an incapacity, is grossly incompetent or is guilty of gross misconduct, the Commission must submit that finding, together with the reasons therefore and a copy of the report, including any relevant material, of the Tribunal, to the Speaker of the National Assembly. |
| (5) |
If the Commission, after consideration of a report and any applicable representations in terms of subsection (2) finds that the respondent— |
| (a) |
is not grossly incompetent, but that there is sufficient cause for the respondent to attend a specific training or counselling course or be subjected to any other appropriate corrective measure, the Commission may make a finding that the respondent must attend such a course or be subjected to such measure; or |
| (b) |
is guilty of a degree of misconduct not amounting to gross misconduct, the Commission may, subject to section 17(9), impose any one or a combination of the remedial steps referred to in section 17(8). |
| (6) |
The Commission must in writing inform the respondent in respect of whom a finding referred to in subsection (4) or (5) is made, and, if applicable, the complainant, of that finding and the reasons therefore. |
[Section 20 inserted by section 9 of Act No. 20 of 2008]
Housing Development Agency Act, 2008
