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Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Regulations

Improper Conduct Enquiries Regulations, 2003

18. Confirmation, review and substitution of findings, penalties and other orders

 

(1) After the conclusion of an enquiry, the presiding officer must submit the record of the proceedings to the director, whereupon the director may—
(a) where the respondent has been found guilty, confirm the conviction or set it aside;
(b) where the conviction is so confirmed, confirm the penalty imposed, or replace it with any lesser penalty contemplated in the Code of Conduct;
(c) where the conviction is so confirmed, replace the penalty imposed with any other appropriate penalty contemplated in the Code of Conduct, after the applicable rules of administrative justice have been complied with;
(cA) confirm or set aside any settlement agreement which was made an order by the presiding officer, and where the settlement agreement is so confirmed, any amount payable in terms of the settlement agreement shall with immediate effect be a debt which is due and payable to the Authority;
(d) confirm or set aside any order relating to costs or any other order made by the presiding officer; and
(e) give any other order which is fair and just in the circumstances.

[Regulation 18(1) substituted by regulation 9 of Notice No. R. 753, GG 40091, dated 24 June 2016]

 

(2) The respondent must be informed through a written notice signed by the director and served on the respondent, of the decision of the director in terms of subregulation (1).

 

(3) The provisions of this regulation apply, with the necessary changes, to a decision contemplated in regulations 17(1) and 17(2)(f).

 

(4) The provisions of subregulation (1) are not applicable to the proceedings or decisions contemplated in regulations 4 and 17(2)(b).