Special Investigating Units and Special Tribunals Act, 1996
R 385
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)RegulationsRegulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2003Chapter IV : Assessors17. Recusal of assessor |
| (1) | A presiding officer who is assisted by an assessor may, on application by a party, order the recusal of an assessor from the proceedings if the presiding officer is satisfied that— |
| (a) | the assessor has a personal interest in the proceedings concerned; |
| (b) | there are reasonable grounds for believing that there is likely to be a conflict of interests as a result of the assessor's participation in the proceedings concerned; or |
| (c) | there are reasonable grounds for believing that there is a likelihood of bias or prejudice on the part of the assessor. |
| (2) | An assessor may recuse himself or herself from the proceedings for the reasons contemplated in subregulation (1). |
| (3) |
| (a) | The other party must, before the recusal of an assessor is ordered in terms of subregulation (1), be given an opportunity to address arguments to the presiding officer. |
| (b) | The parties must, in so far as it is practicable, before the recusal of an assessor in terms of subregulation (2), be given an opportunity to address arguments to the presiding officer on the desirability of such recusal. |
| (4) | The assessor concerned must be given an opportunity to respond to any argument referred to in subregulation (3), and the presiding officer may put such questions regarding the matter to the assessor as he or she may deem fit. |
| (5) | The presiding officer must give reasons for an order referred to in subregulation (1). |
