Disciplinary Procedure

1.         INTRODUCTION

Clause 12 of the Constitution deals with discipline. This disciplinary procedure prescribes how the disciplinary procedure is to be used and how disciplinary proceedings are to be conducted.

2.         OBJECTIVE OF DISCIPLINARY PROCEDURE

The objective of disciplinary procedure is to ensure that in all disciplinary proceedings:

• There is a formal procedure.
• There is a just and fair procedure.
• A member is presumed innocent until proven guilty.
• A member has a chance to defend herself.
• A member has the right to appeal.

3.         STARTING DISCIPLINARY PROCEDURE

Disciplinary Proceedings may be instituted:
3.1       Only for violations or offences of the constitution of the Association, Codes of Conduct, or the violations and offences set out in clause 12 of the constitution.
3.2       By any organ or official of the Association at Regional, Provincial or National level. However, the NEC may direct that the disciplinary proceedings should take place at a higher level than where a violation or offence was committed.
3.3       By the National Disciplinary Committee which can hear and decide cases:

• Referred to it by the Association’s National Officials or the NEC; and
• Of very serious violations or offences on its own initiative.

3.3.3   At Branch, Regional, Provincial or National level by a Disciplinary Committee unless:

• The NEC directs that the disciplinary proceedings should take place at a higher level than where a violation or offence was allegedly committed;
• The National Disciplinary Committee institutes disciplinary                                       proceedings referred by the National Officials or the NEC;
• The National Disciplinary Committee institutes disciplinary   proceedings itself for very serious violations or offences.

4.         HOLDING DISCIPLINARY PROCEEDINGS

4.1       A charge must be made within reasonable time of the violation or offence.
4.2       A charge must be prepared on behalf of the organ or officials of the Association instituting the disciplinary proceedings. The charge must:

• Be in writing;
• Set out the information forming the reason for the charge and the alleged violation or offence in reasonable detail;
• Identify the:
• Provision of the Constitution, Codes of Conduct or other binding document alleged to have been violated;
• The violations and offences set out in clause 12 alleged to have been committed.
• Advise the charged member of her or his right to be represented by a member of the Association in good standing, to have an interpreter present, to call witnesses for defense of the charge, and to recall and question witnesses called for prosecution of the charge.
• Specify the time and place of the disciplinary proceedings.
• Be delivered to the charged member seven days before the disciplinary proceedings or sooner if this is necessary in certain serious circumstances.

4.3       The following persons must be present at a Disciplinary Proceeding:

• The Chairperson and members of the Disciplinary Committee.
• The presenter of the charge.
• The charged member, who can be tried in her or his absence if she or he does not appear.
• The charged member's representative and/ or interpreter who is a member of the Association in good standing.
• The witnesses.
• A minute taker.

4.4       The Chairperson of the Disciplinary Committee must ensure that:

• The disciplinary proceedings are held in a fair manner. She will rule on all matters that may arise and ensure order is maintained.
• The charged member is informed of the charge, is informed of her rights and is asked to plead guilty or not guilty to the charge.
• The presenter of the charge details the charged member's alleged violation or offence and may call witnesses in support of the charge and may produce relevant documentation in support of the charge.
• The charged member or her or his representative presents the defence to the charge and may call witnesses and may request the recall of and question witnesses called in support of the charge, and may produce relevant documentation.

5.         ADJUDICATION

At the end of the disciplinary proceedings, the Chairperson of the Disciplinary Committee must ensure that:
5.1       The members of the Disciplinary Committee discuss the issues raised at the disciplinary proceedings in private and make a finding based on the facts and evidence of the case and make a ruling.
5.2       The Chairperson and the members of the Disciplinary Committee decide a penalty. The penalties are:

• Reprimand
• Payment of compensation and/or performance of useful tasks
• Suspension
• Expulsion.

5.3       The charged member is advised of the ruling and the penalty of the Disciplinary Committee with the reasons for these and is advised of her or his right to appeal.
5.4       That the ruling and penalty are publicly announced.

6.         APPEAL

6.1       An appeal may be lodged by:

• The charged person against whom a finding has been made or a penalty imposed by the Disciplinary Committee.
• The organ and/or officials who laid the charge against a finding or a penalty imposed by the Disciplinary Committee.

6.2       An Appeal Hearing must be held by the next higher level unless:

• The PEC directs that any appeal from a Regional Disciplinary Committee appeal should be heard by the Provincial Disciplinary Committee.
• The NEC directs that any appeal should be heard by a higher level than the next higher level.

6.3       The National Disciplinary Committee is the final structure for appeals to be heard. However, the NEC may at its discretion review a decision of the National Disciplinary Committee in accordance with standing orders adopted by the NEC.

7.         APPEAL  PROCEDURE

The following procedure must be followed for appeals:
7.1       The appeal must be made at the next higher level or the level which the NEC or the PEC directs to hear the appeal.
7.2       The appeal must:

• Be made within fourteen days of the charged member being informed of the ruling and penalty with the reasons for these.
• Be in writing
• Set out the reason for the appeal in reasonable detail.
• Set out the grounds for the appeal in reasonable detail.

7.3       Except in exceptional circumstances determined by the Chairperson of the Disciplinary Committee hearing the Appeal, no new evidence may be presented or considered at the appeal. No new charges may be brought at the appeal.
7.4       The Chairperson and the members of the Disciplinary Committee must discuss the issues raised at the appeal hearing, and come to a finding based on the facts and evidence of the appeal hearing and make a ruling which can confirm, vary or amend the original ruling and/or penalty.

•       The person who appeals must be advised of the ruling and the confirmation or variation of the original ruling and/or penalty.
•       Any further appeal will need the permission of the next higher level.
•       Any such further appeal must follow the above appeal procedure.