Judicial Service Commission Act, 1994 (Act No. 9 of 1994)RegulationsRules regulating Procedures before Judicial Conduct Tribunals, 20127. Hearing |
| (1) | The evidence leader may at the hearing, before any evidence is adduced, address the Tribunal, without comment, for the purpose of explaining the allegations against the respondent and what evidence he or she intends adducing in support of these allegations. |
| (2) | The evidence leader may then examine the witnesses which he or she intends to call to prove that the respondent is suffering from an incapacity, is grossly incompetent or is guilty of gross misconduct, and may adduce such evidence as may be admissible. |
| (3) | Where any book, document or statement, produced in evidence by the evidence leader, may be received in evidence by the Tribunal upon its mere production, the evidence leader must read out such book, document or statement in the Tribunal unless the respondent is in possession of a copy of such book, document or statement or dispenses with the reading out thereof. |
| (4) | The respondent may at the hearing, after the evidence leader has addressed the Tribunal in terms of subrule (1) and before any evidence is adduced, address the Tribunal, without comment, for the purpose of explaining why he or she is not suffering from an incapacity, is not grossly incompetent or is not guilty of gross misconduct, and what evidence he or she intends adducing to refute these allegations. |
| (5) | The respondent may examine the witnesses which he or she intends to call to refute the allegations against him or her, and may adduce such other evidence as may be admissible. |
| (6) | Where any book, document or statement, produced in evidence by the respondent, may be received in evidence by the Tribunal upon its mere production, the respondent must read out such book, document or statement in the Tribunal unless the evidence leader is in possession of a copy of such book, document or statement or dispenses with the reading out thereof. |
| (7) | Where a hearing begins or continues in the absence of the respondent in terms of section 28(2) of the Act, the respondent may, when he or she subsequently attends that hearing, unless he or she was legally represented during his or her absence, with permission of the Tribunal and on good cause shown that his or her absence from the hearing was as a result of illness or other cause deemed sufficient by the Tribunal, examine any witness who testified during his or her absence, and inspect the record of the proceedings or require the Tribunal to have such record read over to him or her. |
| (8) | Any witness at a Tribunal hearing must give his or her evidence orally. |
| (9) | The evidence leader may— |
| (a) | cross-examine any witness called on behalf of the respondent; |
| (b) | re-examine any witness called in terms of subrule (2) on any matter raised during the cross-examination of that witness; and |
| (c) | examine or cross-examine any witness called by the Tribunal at the hearing. |
| (10) | The respondent may— |
| (a) | cross-examine any witness called by the evidence leader; |
| (b) | re-examine any witness called in terms of subrule (5) on any matter raised during the cross-examination of that witness; and |
| (c) | examine or cross-examine any witness called by the Tribunal at the hearing. |
| (11) | If it appears to the Tribunal that any cross-examination is being protracted unreasonably and thereby causing the proceedings to be delayed unreasonably, the Tribunal may request the cross-examiner to disclose the relevancy of any particular line of examination and may impose reasonable limits on the examination regarding the length thereof or regarding any particular line of examination. |
| (12) | The Tribunal may, at any stage of the hearing, examine any person, who has been subpoenaed to attend such proceedings or who is in attendance at such proceedings or a person contemplated in section 29(1)(g) of the Act, and may recall and re-examine any person already examined at the proceedings, and the Tribunal must examine, or recall and re-examine the person concerned if his or her evidence appears to the Tribunal essential to the just decision of the case. |
(13)
| (a) | After all the evidence has been adduced, the evidence leader may address the court, and thereafter the respondent may address the court. |
| (b) | The evidence leader may reply on any matter of law or fact raised by the respondent in his or her address. |
| (c) | At the request of the Tribunal, or with the permission of the Tribunal, the evidence leader or respondent may furnish written submissions to the Tribunal before or after oral submissions. |
| (d) | The Tribunal may on application by the evidence leader or respondent, but subject to section 27(1)(b) of the Act, adjourn the proceedings to a specific date in order to afford the party concerned the opportunity to prepare oral or written submissions. |