| (a) | to inquire into allegations of incapacity, gross incompetence or gross misconduct against a judge, as contemplated in section 177 of the Constitution, by— |
| (ii) | conducting a formal hearing; |
| (iii) | making findings of fact; and |
| (iv) | making a determination on the merits of the allegations; and |
| (b) | to submit a report containing its findings to the Judicial Service Commission. |
| (2) | A Tribunal conducts its inquiry in an inquisitorial manner and there is no onus on any person to prove or to disprove any fact before a Tribunal. |
| (3) | When considering the merits of any allegations against a judge, the Tribunal must make its determination on a balance of probabilities. |
| (4) | A Tribunal must keep a record of its proceedings. |
[Section 26 inserted by section 9 of Act No. 20 of 2008]
