At an inquiry convened in terms of these rules the following procedure shall be followed—
| (1) |
When the accused appears— |
| (a) |
the chairperson shall read the summons addressed to the accused and shall table proof of proper service thereof; |
| (b) |
the chairperson shall then read to the committee the complaint and shall table any documents or other evidence submitted in support thereof. No statement made by any person shall be tabled unless it is in the form of a properly sworn or affirmed affidavit the accused shall then be asked whether he or she accepts such evidence or if he or she desires to cross-examine the person or persons whose affidavit or affidavits have been tabled. If the statement to that effect, but if he or she desires to cross-examine any person whose affidavit has been tabled, the said affidavit shall not be admitted in evidence unless the deponent appears before the committee and submits himself or herself to cross-examination by or on behalf of the accused: Provided that where any part of the evidence tabled is a properly certified copy of a record of a court of law, such copy shall be accepted as prima facie proof of the proceedings of such court; |
| (c) |
when all the evidence on behalf of the council or the complainant, as the case may be, has been led or placed before the inquiry, the accused shall be invited to lead evidence in answer to or rebuttal of the complaint; and |
| (d) |
at the conclusion of the evidence led by or on behalf of the accused, the accused shall be entitled to address the committee of inquiry, either personally or by his/her counsel or attorney. Thereupon the representative of the council or the complainant, as the case may be, shall be entitled to address the committee of inquiry, either personally or by his or her counsel attorney. |
| (2) |
When the accused fails without good cause or refuses to appear— |
| (a) |
the chairperson shall read the summons addressed to the accused and shall table proof of proper service thereof; |
| (b) |
evidence shall then be given or led by or on behalf of the council or the complainant, as the case may be. |
| (3) |
Any person giving evidence at an enquiry shall first be examined by or on behalf of the party by whom he or she is called, and may then be cross-examined by or on behalf of the other party. Thereafter he or she may be re-examined by or on behalf of the party by whom he or she is called. Such person may then, with the permission of the chairperson, be questioned by members of the committee. |
| (4) |
All oral evidence at an inquiry shall be on oath or affirmation, and if any witness or deponent declines to submit to cross-examination, the committee may refuse to admit his or her evidence to any document or statement. |
| (5) |
When all the available evidence has been led by or on behalf or both the council to the complainant (as the case may be) and the accused, and after the committee has been addressed by the accused and the representative of the council or the complainant as provided in subrule 17(1)(e) above, the committee shall deliberate thereon in committee. |
| (6) |
The accused may be represented at an inquiry in terms of these rules by counsel or an attorney or both. |
| (7) |
In the event of the accused or any other person obstructing the proceedings at any inquiry, the committee may, in its discretion, adjourn or postpone the inquiry or order the accused or such other person to be removed, and may continue the inquiry in his or her absence. |
| (8) |
If the accused is found not guilty of the complaint the council shall be notified forthwith and after review the accused shall be advised accordingly, and his or her name and the nature of the complaint upon which he or she has been found not guilty shall be published by the council only if requested by the accused to do so. |
| (9) |
Having considered the decision of and the punishment imposed by the committee, and having decided whether to confirm, review, amend or withdraw any such decision or punishment as provided in section 10(2) of the Act, the council, in its discretion, may cause the final result of the inquiry to be published in such form and publication(s) as it may deem necessary or appropriate: Provided that notification of the final result of the inquiry and the nature and extent of punishment imposed upon the accused shall be communicated to him/her in writing. |
| (10) |
The costs of any inquiry which the complainant or the accused may be ordered to pay in terms of section 29 of the Act shall be recoverable from the person concerned by action instituted against him or her in court with appropriate jurisdiction by or at the instance of the council, the complainant or the accused, as the case may be. Costs due to the council shall be payable within such period as the council in its discretion, may determine. Any award of costs made in terms of section 29 of the Act shall include all costs reasonably disbursed in connection with the inquiry, including the legal costs of an attorney or counsel appointed in terms of section 30(1)(c) of the Act, on the scale of charges recommended by the applicable Law Society for non-litigious matters. |
| (11) |
Any decision of the committee with regard to any point of procedure of the evidence in whatever form or any other legal issue arising in connection with, or in the course of, any inquiry convened in terms of these rules shall be made in committee. |
| (12) |
Notwithstanding anything to the contrary contained in these rules, the chairperson of the committee of inquiry shall have exclusive discretion to rule on any issue relating to the form or admissibility of evidence presented to the committee, or to the nature and extent to which any witness may be examined by any party to the proceedings, including other members of the committee, or to any adjournment or postponement of the proceedings, and in respect of such rulings the Chairperson shall be guided but not bound by the general rules of evidence applicable in a court of law. |
| (13) |
The proceedings of all inquiries conducted in terms of these rules shall be preserved by the council. If the proceedings have been mechanically or electronically recorded the tapes of such recordings shall be placed in a sealed container and authenticated by the signature of the chairperson of a committee of inquiry as soon as reasonably possible after the inquiry has been completed. If the proceedings of the inquiry have been recorded in the form of typewritten minutes, such minutes shall be preserved by the council and authenticated, after confirmation, by signature of the chairperson of the committee of inquiry as soon as reasonably possible after the inquiry has been completed. If the mechanically or electronically recorded tapes are required to be transcribed for any purpose whatever, such transcriptions shall be submitted to the chairperson of the committee of inquiry for verification and authenticated by him or her by his or her signature as soon as reasonably possible after completion of the transcription. |
| (14) |
A person registered in terms of the Act in the same division of the register as the accused, may attend an inquiry: Provided that the committee shall have the right to exclude any person: Provided further that the reasons for such exclusion shall be recorded in the minutes. |
Protection of Businesses Act, 1978
