S.L. const.7 Art. 20Procedure at disciplinary hearings.

(1) Without prejudice to the provisions of regulations

6(3) and 7(1), in exercising its functions under these regulations, a

Disciplinary Board shall afford a fair opportunity to both sides to present their case, but shall dispense with all undue formalities and ensure that justice is done expeditiously and according to the substantive merits of the case.

(2) Notice of not less than ten (10) working days shall be given of the time and place of the first hearing to the Head of Department and to the officer charged. Every notice shall be signed by the Chairperson and delivered in accordance with regulation 6(5) and (6). The date and time of any subsequent hearing shall be determined by the Disciplinary Board in consultation with both parties to the case:

Provided that the first sitting shall not be held later than fifteen (15) working days from the date on which the Disciplinary Board was appointed.

(3) If either party fails to appear at a hearing of the Disciplinary Board, and the Board is satisfied that notice of the hearing was given in accordance with this regulation, it may proceed with the case notwithstanding the absence of that party if, taking all circumstances into account, including the requirement to conclude proceedings expeditiously, the Board is of the opinion that it ought so to proceed with the case.

(4) The following procedure shall apply to the hearing by a Board:

(a) the hearing shall be held in private;

(b) the officer charged shall be given the full opportunity to defend himself and to produce witnesses whose evidence is relevant and material to the case;

(c) each party to the case may cross-examine the witnesses called by the other party or by the Disciplinary Board, and the Board may also put questions to the witnesses.

(5) The Disciplinary Board may regulate its own procedure at the hearing without prejudice to any directives and guidelines issued by the Commission in terms of regulation 3(1).

Provided that, during the course of the disciplinary proceedings before the Disciplinary Board, either party may request a ruling from the Commission on issues regarding the interpretation of these regulations. The ruling shall be binding on both parties and on the Disciplinary Board and shall be communicated in writing.