Upon receiving a formal complaint from the Investigation and Professional Conduct Enforcement Committee in accordance with Rule 67(2)(c) of the Institute’s Rules, the Chairman of the Discipline Panel shall appoint from among the Panel a Discipline Tribunal to hear the complaint.
The Discipline Tribunal shall compriseat least three members of the Panel appointed in terms of Rule 60(2), including a legally qualified member as Chairman, not fewer than one Member of the Institute and not fewer than one Public Interest member of the Panel.
A formal complaint may be heard in the absence of any one member of a Discipline Tribunal except the Chairman, provided that if the defender is present, the hearing may proceed in the absence of such member only if the defender consents. A member of the Discipline Tribunal who has not been present at a hearing of a formal complaint may not thereafter sit in judgement on that complaint save with the agreement of the defender.
The Tribunal usually issues an oral decision on the day the hearing concludes, and a written decision giving the reasons is issued thereafter.
Three weeks are then allowed for an appeal to be lodged. If after three weeks no appeal is lodged the decision of the Tribunal becomes final, and if publicity is part of the decision then the decision will be published.