| (1) |
Where an affidavit referred to in regulation 3(4)(e) is submitted to the director, the director may— |
| (a) |
if it appears from the affidavit that the respondent intends to plead guilty to the charge, find the respondent guilty of the charge in question and cause the summons referred to in subregulation (4)(a)(ii) to be withdrawn by notice in writing to the respondent; or |
| (b) |
if there is a sound reason therefor— |
| (i) |
require supplementary relevant information from the respondent or any other person in order to again consider the matter in terms of paragraph (a) and, to the extent appropriate in the circumstances, postpone the enquiry referred to in subregulation (4)(a)(ii) by notice in writing to the respondent; or |
| (ii) |
decide to proceed with the enquiry referred to in subregulation (4)(a)(ii). |
[Regulation 4(1) substituted by regulation 5 of Notice No. R. 753, GG 40091, dated 24 June 2016]
| (2) |
The director may, after convicting a respondent contemplated in subregulation (1)(a) of improper conduct, and with due regard to the representations (if any) submitted by the respondent, as well as the applicable considerations contemplated in the Code of Conduct, impose a penalty on the respondent provided for in the Code of Conduct. |
| (3) |
The director may make any appropriate order provided for in these regulations in regard to the respondent. |
| (4) |
The respondent must be informed through a written notice signed by the director and served on him or her, of every decision of the director in terms of this regulation. |
Employment of Educators Act, 1998
