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Judicial Service Commission Act, 1994 (Act No. 9 of 1994)

Regulations

Rules regulating Procedures before Judicial Conduct Tribunals, 2012

4. Information to be provided to respondent before hearing

 

(1) The Tribunal President must, not later than 60 days before the date on which the hearing is to commence before the Tribunal, direct the Secretary of the Commission to cause a notice, which must correspond substantially with Form 2 of the Annexure, to be served on the respondent, which notice must contain—
(a) the facts which are alleged to constitute a complaint of incapacity, gross incompetence or gross misconduct against the respondent;
(b) a concise summary of the evidence and any other information which substantiate the complaint of incapacity, gross incompetence or gross misconduct;
(c) a copy of any book, document or statement which is to be produced to the Tribunal; and
(d) a photograph of any object which is to be produced to the Tribunal.

 

(2) Service of the notice in terms of subrule (1) must be effected by the sheriff in the manner prescribed by law for the service of process in terms of the Supreme Court Act, 1959 (Act No. 59 of 1959), or such other manner as the Tribunal President may consider suitable in the circumstances.

 

(3) The respondent may with the written permission of the Tribunal President and in the presence of the evidence leader and Secretary of the Commission, at any time before the commencement of the Tribunal hearing, inspect any original book, document, statement or object referred to in subrule (1)(c) and (d).