Sheriffs Act, 1986 (Act No. 90 of 1986)RegulationsRegulations relating to Sheriffs, 199014. Consideration of appeals |
| (1) | After the determination of the hearing of an appeal the Board shall consider the appeal in camera. |
| (2) | After consideration of the appeal the Board shall make known the finding of the Board. |
| (3) | After the announcement of the finding of the Board the Board shall, where a penalty is still to be imposed, give the prosecutor an opportunity to lead evidence and to make representations in connection with the imposition of a penalty. |
| (4) | The Board shall thereafter give the appellant, if present, an opportunity to lead evidence and to address the Board in mitigation of the penalty which is to be imposed. |
| (5) | Thereafter the Board shall in camera consider the penalty which is to be imposed. |
| (6) | After consideration of the penalty the Board shall make known the finding of the Board. |
| (7) | As soon as possible after the consideration of an appeal by the Board, the Board shall notify the Minister and the appellant, if he was not present, of the outcome of the appeal. |
| (8) | The Board may, after consideration of the appeal and if the appellant concerned was unsuccessful or partially successful in his or her appeal against the finding or penalty of the disciplinary authority, order the appellant to pay the essential costs incurred by the Board in connection with the consideration of the appeal, and such costs may include the following: |
| (a) | The costs of recording, transcribing and preparing copies of any record; |
| (b) | the costs of procuring the attendance of witnesses and their witness fees; |
| (c) | the costs incurred by the Board in respect of an auditor or auditors or other person appointed to conduct an examination and report on the appellant's process of court and other documents, including accountancy notes relating to the appellant's practice; and |
| (d) | the costs of procuring the attendance of members of the Board to consider the appeal. |