If the committee decides that a hearing should be held, such a hearing must be held under the following procedures:
| (1) |
The hearings must be lawful, reasonable, timely and procedurally fair and no rights of the individual should be infringed. The principle of openness and transparency of administrative action must be adhered to. |
| (2) |
The following procedure must be followed in respect of hearings: |
| (a) |
Procedures for hearings vary according to circumstances and persons involved; |
| (b) |
A written notification must be submitted to the candidate concerned in the alleged examination irregularity, or the parent or guardian of candidates under 21 years of age and the principal or centre manager of the institution: |
| (i) |
The written notification must be forwarded either by registered mail or delivered to a particular individual who acknowledges receipt of the notification; |
| (ii) |
The written notification must state clearly that the absence of a reply will not delay the hearing in respect of the suspected examination irregularity; |
| (iii) |
Where a candidate who is alleged to have committed an examination irregularity or his or her parent or guardian or representative cannot be contacted, the principal or centre manager of the institution will be required to assist in contacting the candidate. If the principal or centre manager of the institution is unable to contact the candidate, he or she must inform the Secretary of the PEIC thereof in writing. The inability to make contact with the candidate concerned or his or her parent or guardian or representative should not delay the processing of the irregularity unnecessarily; |
| (iv) |
All candidates suspected of an examination irregularity must be allowed the opportunity to respond to the invitation to attend a hearing regarding the alleged irregularity within ten working days of being notified of an irregularity investigation; |
| (v) |
Candidates who do not wish to attend a hearing have the option of making an admission of guilt in the form of an affidavit which must be forwarded to the Secretary of the PEIC within ten working days of being notified of an irregularity investigation; |
| (vi) |
Where a candidate is under 21 years of age, the candidate may be accompanied by his or her parent or guardian, the school principal and any other representative; and |
| (vii) |
Where the candidate or his or her parent or guardian chooses to make use of legal representation during the hearing, this will be allowed and the Chairperson of the PEIC must be informed at least three working days before the scheduled hearing. |
| (c) |
Evidence presented at an investigation or hearing may take the form of material evidence, written evidence, oral or other evidence; |
| (d) |
All hearings must be recorded and the recording kept until the matter is finalised; |
| (e) |
If the candidate or his or her parent or guardian is unhappy about the way the hearing was conducted, an appeal may be lodged through the channels provided by the provincial education department, to the Head of Department. If the candidate is unsuccessful with the appeal, he or she or his or her parent or guardian may institute judicial proceedings in a court of law; |
| (f) |
The findings of a hearing must be submitted to a full sitting of the PEIC by the persons involved in the hearing process; and |
| (g) |
Decisions and consequent recommendations by the PEIC, as approved by the Head of Department or his or her designee, must be communicated in writing to the person, school or learning institution under investigation, within 30 working days of the completion of the hearing. |
Immigration Act, 2002
