[Section 25 heading substituted by section 23 of Act No. 47 of 2003]
| (1) | A disciplinary tribunal may be convened for the purpose of a disciplinary hearing whenever it becomes necessary to do so in term of section 24. |
| (2) | A disciplinary tribunal shall consist of a maximum of three members who shall be appointed by the council on account of— |
| (a) | their independence from the affairs of the council, the office of the registrar and the agent or person investigated; |
| (b) | their knowledge of the law; |
| (c) | their knowledge of the conducting of the business of agents in general; |
| (d) | experience in the resolution of disputes; and |
| (e) | any other knowledge or experience which renders them suitable for appointment as members of a disciplinary tribunal. |
| (3) | At least two members of a disciplinary tribunal shall for an uninterrupted period of at least five years have practised as advocates or attorneys or occupied the post of magistrate. or have been involved in the tuition of law or have rendered services as legal advisers or legal consultants. |
| (4) | A disciplinary tribunal shall have the power to inquire into and decide upon any charge in terms of this Act or the rules. |
| (5) | The registrar may appoint a competent person to exercise the powers and perform the duties of a prosecutor. |
| (6) | A disciplinary tribunal shall conduct its proceedings in accordance with rules made for this purpose: Provided that— |
| (a) | such rules shall be in accordance with the requirements of this Act and the Constitution; and |
| (b) | the onus of proof shall be the same as in criminal proceedings. |
| (7) | If a vacancy occurs on a disciplinary tribunal after that tribunal has commenced with a hearing, the hearing may be proceeded with before least two members of the tribunal, but if only two serving members remain they may take any decision referred to in section 26(1)(c) only by unanimous vote. |
| (8) | The prosecutor may for the purposes of such hearing— |
| (a) | subpoena any person to give evidence who is able to furnish information relevant to the hearing. or who the prosecutor has reason to believe has in his or her possession or custody or under his or her control any book. document or record relating to the subject o f the inquiry, to appear on a date and at a time and place specified in the subpoena to be examined or to produce such book, document or record, and the prosecutor may retain for examination and book, document or record so produced; and |
| (b) | through the person presiding at the hearing, administer an oath to, or accept an affirmation from, any person present at the inquiry and examine him or her or cause him or her to be examined by the prosecutor and instruct him or her to produce any book, document or record in his possession or custody or under his or her control. |
| (a) | A subpoena referred to in subsection (8) shall as far as possible be as prescribed in the rules, shall be signed by the prosecutor and shall be served in the same manner as a subpoena issued by a magistrate‘s court in civil proceedings. |
| (i) | having been duly summoned to be present at the hearing, shall without lawful excuse fail so to appear; or |
| (ii) | having been called as a witness at a hearing, shall without lawful excuse refuse to be sworn or to make an affirmation. or to produce any book or other document or to answer any question which he or she may be required to produce or answer. |
| (c) | The registrar shall pay a witness called and present at a hearing such fees as the council may from time to time determine generally, or in any particular case. |
| (10) | The law relating to privilege, as applicable to a witness called to give evidence or to produce a book, document or record in civil trial before a court of law, shall apply mutatis mutandis in relation to the examination of or the production of any book, document or record by any person called in terms of this section. |
| (11) | An agent or person in respect of whom the hearing is instituted in terms of this section shall be entitled to be present at the hearing, to be assisted or represented by another person, and— |
| (c) | to cross-examine any person called as a witness in support of the charge; and |
| (d) | to have access to all documents produced in evidence or relevant to the hearing and which are available. |
| (12) | The registrar shall keep or cause to be kept a record of the proceedings at the hearing. |
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| (13) | Any person who, having been duly sworn or having made an affirmation, tenders false evidence at the hearing held under this section, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties which may lawfully be imposed for the offence of perjury. |
| (14) | The disciplinary tribunal may, if it is of a view that an agent or employee of such agent has committed an offence, submit a certified copy of the record of the proceedings at any hearing held in terms of section 24 to the office of the National Director of Public Prosecutions having jurisdiction in the matter |
[Section 25 substituted by section 23 of Act No. 47 of 2003]
