| (1) | If the Chairperson is satisfied that, in the event of a valid complaint being established, it is likely to lead to a finding by the Commission that the respondent suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct, as envisaged in section 14(4)(a), the Chairperson must— |
| (a) | refer the complaint to the Committee in order to consider whether it should recommend to the Commission that the complaint should be investigated and reported on by a Tribunal; and |
| (b) | in writing, inform the respondent of the complaint. |
| (2) | If a complaint is referred to the Committee in terms of subsection (1) or section 15(1)(b) or section 17(4)(c) or 17(5)(c)(iii), the Chairperson must determine a time and a place for the Committee to meet in order to consider a recommendation envisaged in subsection (1)(a), and must inform the complainant and the respondent in writing that he or she may— |
| (a) | submit a written representation for consideration by the Committee at that meeting; and |
| (b) | with the leave of the Chairperson, address the Committee at that meeting. |
| (3) | For the purpose of a meeting referred to in subsection (2), the Committee may request such further information from the complainant or any other person as it deems fit. |
| (4) | At the meeting referred to in subsection (2), the Committee must consider whether the complaint, if established, will prima facie indicate incapacity, gross incompetence or gross misconduct by the respondent, whereupon the Committee may— |
| (a) | refer the complaint to the Chairperson for an inquiry referred to in section 17(2); or |
| (b) | recommend to the Commission that the complaint should be investigated by a Tribunal. |
| (5) | The Committee must inform the complainant, the respondent and the Commission in writing of any decision envisaged in subsection (4) and the reasons therefore. |
| (6) | A meeting referred to in subsection (2) must be attended by at least three members of the Committee. |
[Section 16 inserted by section 9 of Act No. 20 of 2008]
