Section 83Part 11 — INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT
Disciplinary Tribunal to hear and determine matter
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83. (1) The Disciplinary Tribunal shall hear and determine a matter referred to it under section 82(12).
The Disciplinary Tribunal has the power to do everything reasonably necessary to hear and determine a matter referred to it under section 82(12).
Without prejudice to the generality of the power of the Disciplinary Tribunal under subsection (2), the Disciplinary Tribunal may do any of the following —
convene a hearing to investigate the conduct;
issue a summons to compel the attendance of a person at a hearing;
require the production of a document or any other information from a person who the Disciplinary Tribunal has reasonable grounds to believe can assist in investigating the conduct;
require a person to verify by affidavit a document submitted or information provided to the Disciplinary Tribunal; and
examine witnesses on oath, affirmation or otherwise at a hearing.
A person commits an offence if the person —
fails to comply with a summons issued by the Disciplinary Tribunal under subsection (3)(b); Legal Services Act, 2020 Section 84 c Act 57 of 2020 Page 41
when required to do so under subsection (3)(c), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading;
when required to do so under subsection (3)(d), fails or refuses to verify a document submitted or information provided to the Disciplinary Tribunal by affidavit when required to do so by the Disciplinary Tribunal; or
as a witness at a hearing by the Disciplinary Tribunal, fails or refuses to answer a question put to the person or provides an answer that is false or misleading.
A person who commits an offence under subsection (4) is liable —
on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or
on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both.
Subject to this Act and to regulations made under section 81(8), the Disciplinary Tribunal shall make rules regarding the procedure for hearing and determining a matter referred to it under section 82(12).
The rules made under subsection (6) —
may provide for preliminary proceedings to be held to determine if sufficient evidence of an attorney-at-law’s conduct exists to show if it may amount to professional misconduct;
shall give an attorney-at-law whose conduct is in question a reasonable opportunity to be heard either in person or through counsel; and
shall provide that a hearing of the Disciplinary Tribunal is to be held in public unless the Disciplinary Tribunal is of the view that publicity would prejudice the interests of justice or commercial confidence.
The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section.
The notice under subsection (8) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained.