Engineering Profession Act, 2000 (Act No. 46 of 2000)32. Proceedings after hearing |
| (1) | After the conclusion of the hearing the disciplinary tribunal must, within 30 days— |
| (a) | decide whether or not the registered person charged is guilty of improper conduct; |
| (b) | if the disciplinary tribunal finds that the registered person charged is guilty of improper conduct, take cognisance of any aggravating or mitigating circumstances; |
| (c) | inform the registered person charged and the council of the finding; and |
| (d) | inform the registered person of his or her right of appeal in terms of section 33. |
| (2) | A registered person found guilty of improper conduct in terms of this section may— |
| (a) | address the disciplinary tribunal in mitigation of sentence; and |
| (b) | call witnesses to give evidence on his or her behalf in mitigation of the sentence. |
| (3) |
| (a) | If the registered person charged is found guilty of improper conduct, or if he or she admits that he or she is guilty of the charge, the disciplinary tribunal must either— |
| (i) | caution or reprimand the registered person; |
| (ii) | impose on him or her a fine not exceeding the amount calculated according to the ratio for one year imprisonment determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991); |
| (iii) | suspend the registration of the registered person concerned for a period not exceeding one year; or |
| (iv) | cancel the registration of the registered person concerned and remove his or her name from the register referred to in section 11(c). |
| (b) | The disciplinary tribunal may take decisions under more than one of the subparagraphs of paragraph (a). |
| (4) | At the conclusion of the hearing the disciplinary tribunal must notify the council of its finding. |
| (5) | The council must publish the finding and the sanction imposed in terms of subsection (3) in the Gazette. |
| (6) | The council must give effect to the decision of the disciplinary tribunal. |