s.81Legal Services Disciplinary Tribunal
81
Section 81Part 11 — INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT

Legal Services Disciplinary Tribunal

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81. (1) There is established a body called Legal Services Disciplinary Tribunal for the purpose of hearing and determining matters referred to it under this Act in respect of alleged professional misconduct by attorneys-at-law.
The Disciplinary Tribunal consists of the following members appointed by the Council —
a retired judge who shall be the chairperson of the Disciplinary Tribunal; and
subject to subsection (3), a panel of seven members appointed on an annual basis who shall be attorneys-at-law of at least ten years’ standing.
Where the Council refers a matter to the Disciplinary Tribunal under section 82(12), the chairperson of the Disciplinary Tribunal shall appoint two members of the panel referred to in subsection (2)(b) whom the chairperson considers suitable to comprise the Disciplinary Tribunal for the purpose of hearing and determining the matter.
In the exercise of its functions the Disciplinary Tribunal shall not be subject to the direction or control of the Council or any other person.
Subject to this Act and the regulations made under subsection (8), the Disciplinary Tribunal shall regulate its own procedures and may make rules governing its procedures. Legal Services Act, 2020 Section 82 c Act 57 of 2020 Page 39
The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section.
The notice under subsection (6) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained.
The Cabinet, after consultation with the Council, may make regulations with regard to the conduct of proceedings by the Disciplinary Tribunal and any other matters relating to the Disciplinary Tribunal that the Cabinet may consider necessary.
A person shall not participate as a member of the Disciplinary Tribunal and of the Council in relation to the same matter.
A member of the Disciplinary Tribunal is not liable for claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Disciplinary Tribunal.
Subsection (10) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Disciplinary Tribunal.

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