| (1) |
The Chairperson is responsible to manage the caseload of the Tribunal, and must assign each matter referred to the Tribunal to— |
| (a) |
a member of the Tribunal, to the extent that this Act, section 75(5) of the Consumer Protection Act, 2008, or any other legislation provides for a matter to be considered by a single member of the Tribunal; or |
| (b) |
a panel composed of any three members of the Tribunal, in any other case. |
[Subsection (1) substituted by item A2 of schedule 1 of Act No. 68 of 2008]
| (2) |
When assigning a matter to a panel in terms of subsection (1)(b), the Chairperson must— |
| (a) |
ensure that at least one member of the panel is a person who has suitable legal qualifications and experience; and |
| (b) |
designate a member of the panel to preside over the panel’s proceedings. |
| (3) |
If, because of resignation, illness, death, or withdrawal from a hearing in terms of section 29, a member of the panel is unable to complete the proceedings in a matter assigned to that panel, the Chairperson must— |
| (a) |
direct that the hearing of that matter proceed before the remaining members of the panel, subject to the requirements of subsection (2)(a); or |
| (b) |
terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing. |
| (4) |
The decision of a panel on a matter referred to it must be in writing and include reasons for that decision. |
| (5) |
A decision of a single member of the Tribunal hearing a matter as contemplated in subsection (1)(a), or of a majority of the members of a panel in any other case, is the decision of the Tribunal. |
Special Investigating Units and Special Tribunals Act, 1996
