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Updated: 13 October 2018

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.


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