Contingency Fees Act, 1997
R 385.00
Planning Profession Act, 2002 (Act No. 36 of 2002)Chapter 5: Professional Conduct23. 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; |
| (b) | within 14 days after its decision and in writing, inform the registered person charged and the Council of the finding and the reasons for such finding; and |
| (c) | inform the registered person of his or her right of appeal in terms of section 27. |
| (2) | The Council or a registered person found guilty of improper conduct in terms of this Act may offer evidence, including calling witnesses, to establish any aggravating or mitigating circumstances which the disciplinary tribunal must consider in determining an appropriate sanction. |
(3)
| (a) | If the registered person charged is found guilty of improper conduct, or if he or she admits that he or she is guilty of the offence, the disciplinary tribunal must either— |
| (i) | caution or reprimand the registered person; |
| (ii) | impose on him or her a fine not exceeding the amount calculated according to the ratio for one year imprisonment determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991); |
| (iii) | suspend the registration of the registered person concerned for a period not exceeding one year; or |
| (iv) | cancel the registration of the registered person concerned and request the Registrar to remove his or her name from the register referred to in section 8(2). |
| (b) | The disciplinary tribunal may act under more than one of the subparagraphs of paragraph (a). |
| (c) | The disciplinary tribunal may, but is not obliged to, award costs as may be just against the Council or the registered person charged. |
| (4) | At the conclusion of the hearing the disciplinary tribunal must notify the Council of its decision. |
| (5) | The Council must publish the outcome of the disciplinary hearing in its annual report and may publish it in any other manner it considers fit. |
| (6) | The Council must give effect to the decision of the disciplinary tribunal. |
| (7) | The Registrar must keep a record of the proceedings of every tribunal hearing. |
