Disciplinary Investigation

3. In order to ascertain if a Member is guilty of misconduct, the appointed Disciplinary Committee shall conduct an enquiry into such alleged misconduct on the part of the Member, and such Committee shall be entitled to determine the time, place and procedure to be adopted at the enquiry. The Disciplinary Committee may also co-opt for the enquiry such experts, from the ranks of the Association's Members or officials, as it may require and may call witnesses, including any complainants in the matter, if necessary.

4. Any Member whose conduct is being investigated shall be entitled to not less than 14 (fourteen) days notice as to the place, date and time of the investigation, and shall be afforded ample opportunity to present its defence including the right to know the allegations against it, call witnesses and cross examine the Association's witnesses.

5. If the Member elects not 10 be present at the investigation. the investigation shall go ahead in the Member's absence. If the Member resigns or its Membership terminates. the Disciplinary Procedure shall continue as though the former Member was still a Member.

6. Where the conduct of a Member under investigation is sufficiently serious, in the opinion of the Executive Council, such Member may be suspended from Membership of the Association, pending the outcome of the investigation.

7. The decision of the Disciplinary Committee on the outcome of the enquiry, as well as any disciplinary action to be applied, shall be communicated to the Member by registered post, as well as any other expedited means, by the Executive Director, and shall be tabled at the next meeting of the Executive Council.

8. A Member who wishes to appeal against the decision of the outcome and / or the disciplinary action applied shall, within 7 (seven) days of receipt of such decision, for-ward to the Executive Director written notification that it is appealing along with the grounds of such appeal. The Executive Director shall table such appeal for discussion at the next meeting of the Executive Council. The Executive Council shall hear the appeal and shall uphold, vary or set aside the decision of the Disciplinary Committee.

9. Should the Member found guilty of misconduct fail to appeal within the prescribed time period, it shall have no further right of appeal.

Disciplinary Action

10. Subject to the provisions of this Constitution and the principles of natural justice, the Executive Council shall, vis-å-vis any Member found guilty of misconduct. have the power to:                

10.1.   Expel such Member from the Association.

10.2. Unconditionally suspend such Member from Membership of the Association, or from having access to such rights, benefits and services, for such period as the Council deems fit.

10.3.Suspend such Member from Membership of the Association pending the fulfilment of such conditions as it may prescribe; Provided that if such conditions are not fulfilled after a prescribed or reasonable period of time has elapsed, the Committee may expel such Member. Conditions which may be prescribed in terms of this clause are:

10.3.1. Requiring such Member to undergo such training or other remedial action, to the satisfaction of the Council, which the Council deems appropriate to address the cause of the misconduct in question.

10.3.2 Requiring such Member to rectify any work found to be unacceptable and which forms the subject matter of the misconduct in question.

10.3.3 Requiring such Member to issue an apology or other statement which may. as deemed by the Council, be necessary to rectify or mitigate the effects of the misconduct in question.

10.4 Impose a fine on such Member for any amount up to a maximum as reflected in Annexure B; Provided that such fine shall be a debt due, by such Member, to the Association recoverable in any court of competent jurisdiction.

10.5 Re-categorise any Member, either conditionally or unconditionally.