Project and Construction Management Professions Act, 2000 (Act No. 48 of 2000)33. Appeal against decision of disciplinary tribunal |
(1)
| (a) | 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. |
| (b) | The appeal must be lodged, within 30 days after the disciplinary tribunal has informed the registered person of its decision. |
(2) The council may—
| (a) | dismiss the appeal against the decision of the disciplinary tribunal and confirm the finding or sentence or both; or |
| (b) | 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. |
| (3) | 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. |
| (4) | If a registered person found guilty of improper conduct lodges an appeal in terms of subsection (1)— |
| (a) | the decision of the disciplinary tribunal under section 32(3); or |
| (b) | 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.
(5)
| (a) | The appellant whose appeal was dismissed by the CBE may appeal to the appropriate High Court. |
| (b) | 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. |
(6)
| (a) | The council may appeal to the appropriate High Court against any decision of the CBE with regard to disciplinary matters. |
| (b) | 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. |