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Updated: 13 October 2018

32. Proceedings After Hearing

1. After the conclusion of the hearing the disciplinary tribunal must, within 30 days -


(a) decide whether or not the registered person charged is guilty of improper conduct;


(b) if the disciplinary tribunal finds that the registered person charged is guilty of improper conduct, take cognisance of any aggravating or mitigating circumstances;


(c) inform the registered person charged and the council of the finding; and


(d) inform the registered person of his or her right of appeal in terms of section 33.


2. A registered person found guilty of improper conduct in terms of this section may -


(a) address the disciplinary tribunal in mitigation of sentence; and


(b) call witnesses to give evidence on his or her behalf in mitigation of the sentence.


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 charge, 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 remove his or her name from the register referred to in section 11(c).


(b) The disciplinary tribunal may take decisions under more than one of the subparagraphs of paragraph (a).


4. At the conclusion of the hearing the disciplinary tribunal must notify the council of its finding.


5. The council must publish the finding and the sanction imposed in terms of subsection (3) in the Gazette.


6. The council must give effect to the decision of the disciplinary tribunal.


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