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Architectural Profession Act, 2000 ( No. 44 of 2000 )
33. Appeal Against Decision of Disciplinary Tribunal
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- A registered person found guilty of improper conduct may appeal to the council against a finding of the disciplinary tribunal or against the sentence, or both.
- The appeal must be lodged, within 30 days after the disciplinary tribunal has informed the registered person of its decision.
- The council may -
- dismiss the appeal against the decision of the disciplinary tribunal and confirm the finding or sentence or both; or
- uphold the appeal against the decision of the disciplinary tribunal wholly or in part and set aside or vary the finding or sentence or both.
- If an appeal is dismissed in terms of subsection (2)(a) the appellant may, within 30 days, from the date of the dismissal of the appeal, appeal to the CBE.
- If a registered person found guilty of improper conduct lodges an appeal in terms of subsection (1) -
- the decision of the disciplinary tribunal under section 32(3); or
- the publication by the council in terms of section 32(5), may not be put into effect before the council or the CBE, or both, has decided the appeal.
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- The appellant whose appeal was dismissed by the CBE may appeal to the appropriate High Court.
- A person referred to in paragraph (a) must, after giving notice to the CBE, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the CBE.
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- The council may appeal to the appropriate High Court against any decision of the CBE with regard to disciplinary matters.
- The council must, after giving notice to the CBE, lodge a notice of appeal with the registrar of the appropriate High Court within one month from the date of the decision of the CBE.
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