A respondent who is dissatisfied with any finding or remedial steps contemplated in subsection (4) (b) or (5) (c) (ii) may, within one month after receiving notice of that finding and remedial steps, appeal to the Committee in writing against that finding or remedial steps or both such finding and remedial steps, specifying the grounds for the appeal.
The state shall not be responsible for any expenditure incurred as a result of, or associated with, any remedy referred to in subsection (8) (e) , (f) or (g) , unless such remedy was selected from a list of approved remedies or services compiled from time to time by the Minister, after consultation with the Chief Justice, and then only to the extent set out in that list.
Apologising to the complainant, in a manner specified.
A written warning.
Subject to subsection (9), appropriate counselling.
Subject to subsection (9), any other appropriate corrective measure.
A meeting referred to in subsection (1) must, subject to paragraph (c) , be attended by at least three members of the Committee and be presided over by the Chairperson, but no member who made any decision or finding, or imposed any remedial step, that is the subject of the appeal, may participate in the consideration of the appeal.
In the event of the absence of the Chairperson to preside in a specific appeal, the Chief Justice must appoint an acting chairperson from amongst the members of the Committee, to preside in that appeal.
set aside the decision and recommend to the Commission that the complaint should be investigated by a Tribunal in terms of section 19.
The Committee must in writing inform the complainant and the respondent of its decision in terms of subsection (4) and the reasons therefore.
such further written or oral argument, if any, as may be requested by the Committee.
the desirability of suspending the respondent in terms of section 177 (3) of the Constitution; and if applicable, any conditions that should be applicable in respect of such suspension.
the report concerned; and any representations submitted in terms of subsection (1) (b).
is grossly incompetent; or is guilty of gross misconduct.
The Commission must in writing inform the respondent in respect of whom a finding referred to in subsection (4) or (5) is made, and, if applicable, the complainant, of that finding and the reasons therefore.
one person whose name appears on the list maintained in terms of section 23 (1).
The Executive Secretary must, in the prescribed manner and form, establish and maintain a list of persons who are not judicial officers and who have been approved by the Chief Justice, acting with the concurrence of the Minister, as being suitable to serve on Tribunals in terms of section 22 (1) (b).
The Minister, in consultation with the Cabinet member responsible for finance, may by notice in the Gazette prescribe a tariff of allowances to be paid for service as a member of a Tribunal to a person appointed in terms of section 22 (1) (b).
The Executive Secretary in the Office of the Chief Justice must assign such other employees of the Office to the Tribunal as may be necessary to assist the Tribunal in the performance of its functions.
Subject to this Act, a Tribunal has the power to regulate and protect its own proceedings.
making a determination on the merits of the allegations; and to submit a report containing its findings to the Judicial Service Commission.
to make a submission to the Tribunal before the conclusion of the hearing.
Notwithstanding subsection (1), the Tribunal President may, if it is in the public interest and for the purposes of transparency, determine that all or any part of a hearing of a Tribunal must be held in public.
A determination contemplated in paragraph (a) must be made in consultation with the Chief Justice.
Subsection (2) does not apply if a determination is made under paragraph (a) , but the Tribunal President may prohibit the publication of any information or document placed before the Tribunal if that publication is not in the public interest.
to produce any book, document, statement or object relating to the hearing; and to answer questions under oath or affirmation.
No person may testify before, or be questioned by, a Tribunal unless the oath or affirmation that is usually administered or accepted in a court of law, has been administered to or accepted from that person by the Tribunal or, if evidence is to be given by such person through an interpreter, by the Tribunal through the interpreter.
An oath or affirmation administered to or accepted from a person in terms of subsection (1) remains binding on that person until the Tribunal has concluded the hearing or finally excused that person.
constitute earmarked funds on the Departmental vote; and is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Commission; and must cause the necessary accounting and other related records to be kept, which records must be audited by the Auditor-General.
perform such functions as may from time to time be prescribed; and generally, perform such secretarial and administrative tasks related to maintenance of the Register, as may from time to time be directed by the Chief Justice.
with the written permission of the Chief Justice.
and (2) of the Judicial Service Commission Act, 1994.
I am fully aware of the serious consequences which may follow any breach or contravention of the abovementioned provisions.(Signature)'.
3 Substitutes section 1 of the Judicial Service Commission Act 9 of 1994.
8 Substitutes section 6 of the Judicial Service Commission Act 9 of 1994.
becoming section 39, in the Judicial Service Commission Act 9 of 1994.
EMS would like to invite media to participate in the exercise where Emergency Medicine students from the UCT and Stellenbosch universities will be given the platform to put theoretical knowledge to practice. Along with Forensic Pathology Services (FPS), Traffic, the South African Police Service (SAPS) and local fire and rescue services in Worcester, agencies will simulate a major incident involving both media and students in the exercise.