| (b) | on any other grounds, that there are reasonable grounds to suspect that a judge— |
| (i) | is suffering from an incapacity; |
| (ii) | is grossly incompetent; or |
| (iii) | is guilty of gross misconduct, |
as contemplated in section 177(1)(a) of the Constitution, the Commission must request the Chief Justice to appoint a Tribunal in terms of section 21.
| (2) | The Commission must in writing state the allegations, including any other relevant information, in respect of which the Tribunal must investigate and report. |
| (3) | The Commission must, unless it is acting on a recommendation referred to in section 16(4)(b) or 18(4)(a)(iii), (b)(iii) or (c)(iii), before it requests the appointment of a Tribunal, inform the respondent, and, if applicable, the complainant, that it is considering to make that request and invite the respondent, and, if applicable, the complainant, to comment in writing on the fact that the Commission is considering to so request. |
[Section 19(3) substituted by section 23 of Act No. 42 of 2013]
| (4) | Whenever the Commission requests the appointment of a Tribunal in terms of subsection (1), the Commission must forthwith in writing— |
| (a) | inform the President that it has so requested; and |
| (b) | advise the President as to — |
| (i) | the desirability of suspending the respondent in terms of section 177(3) of the Constitution; and |
| (ii) | if applicable, any conditions that should be applicable in respect of such suspension. |
[Section 19 inserted by section 9 of Act No. 20 of 2008]
