Rule 14 Pronouncement of penaltyI1I2

Rule 52 is amended as follows.

At the end of sub-rule (1) there are added the words “, save that, in the event of the Chair’s death or incapacity before pronouncement in public, the imposition of the penalty shall be pronounced in public by another member of the tribunal nominated for that purpose by the Registrar of Tribunals”.

The following sub-rule is inserted after sub-rule (2)—

“(2A)

In the event of death or incapacity of any one member of the tribunal after the tribunal has determined a complaint, whether or not the determination has been pronounced in public, the President may appoint another person from the relevant category of the provincial panel in substitution for that member for the purpose of considering whether a penalty should be imposed; provided that the President shall not make any such appointment until the respondent has been afforded a reasonable opportunity to make representations about the suitability of the proposed person.”.