Key Benefits:
At the first meeting of the Council held after each annual general meeting of the Institute, or as soon as possible thereafter, the Council shall appoint a Disciplinary Committee consisting of-
(a) four members of the Institute registered under section 30, one of whom shall be a member of the Council; and
(b) a legal practitioner admitted to practise in the courts of Botswana and having at least five years experience, who shall be the chairperson.
43. Disciplinary powers of Committee
(1) A member of the Institute shall be guilty of professional misconduct if he or she commits any of the acts or omissions set out in the Schedule.
(2) Subject to the provisions of this Act, the Disciplinary Committee may hold an inquiry where the Council has reasonable grounds to believe, by a written complaint made to it that a member-
(a) is suspected of professional misconduct pursuant to subsection (1);
(b) is suspected of committing a material irregularity;
(c) has contravened or is in breach of the code, rules or standards of the Institute which are in accordance with the rules of the Institute; or
(d) has become mentally incapable and is unfit to practise as referred to in section 46.
(3) Where the Disciplinary Committee is notified of a complaint pursuant to subsection (2), it shall cause to be sent, to a member against whom a complaint has been made under subsection (2), a registered letter to his or her address as shown in the register, containing a notice setting out the complaint against him or her and the Disciplinary Committee shall afford the member an opportunity to be heard either by himself or herself or by a legal representative.
(4) For the purposes of an inquiry under this section, the Disciplinary Committee shall-
(a) administer oaths;
(b) summon persons to attend and give evidence; and
(c) order the production of documents.
(5) All summonses and orders issued under the hand of the chairperson or vice chairperson shall be deemed to be issued by the Disciplinary Committee.
(6) The chairperson, or in his or her absence the vice chairperson, shall record or cause to be recorded a summary of any oral evidence given at an inquiry under this section.
(7) Subject to the provisions of this Act, the Disciplinary Committee shall regulate its own procedure at an inquiry held under this Part, but all parties having an interest in the inquiry shall be advised by the Council of the form of the procedure of such inquiry.
44. Disregard of summons, etc.
(1) A person to whom a summons or order is issued under section 43 and to whom such summons or order is served, who-
(a) refuses or omits, without sufficient cause, to attend at the time and place mentioned in the summons;
(b) refuses, without sufficient cause, to answer fully and satisfactorily, questions put to him or her by or with the concurrence of the Committee; or
(c) refuses or omits, without sufficient cause, to produce any document in his or her possession or under his or her control,
commits an offence and is liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding two months, or to both.
(2) A person giving evidence before an inquiry under this Part shall, in respect of evidence given by him or her or documents produced by him or her, be entitled to all the privileges to which he or she would be entitled as a witness before the High Court.
45. Powers of Committee at Inquiry
(1) If, after inquiry, the Disciplinary Committee is of the opinion that the case under consideration has been proven wholly or in part, it shall make a finding to that effect and may make any one or more of the following orders against the member-
(a) that he or she be reprimanded or cautioned;
(b) that he or she be suspended from membership for such period as shall be specified in the order;
(c) that his or her certificate of registration or practising certificate be withdrawn; or
(d) that his or her name be removed from the register.
(2) A person who has been suspended or whose name has been removed from the register under subsection (1) shall not hold himself or herself out as a professional accountant or certified auditor, and his or her certificate of registration shall be cancelled for the period of suspension and his or her name shall be restored to the register upon application in writing to the Institute, and in terms of section 38.
(3) An inquiry held under this Part shall be deemed to be a judicial proceeding.
(1) Where it is alleged, under section 43, that a member has become mentally incapable of performing his or her duties, to such an extent that it would be contrary to the public interest to allow him or her to continue to practise, the Committee shall-
(a) call for information regarding the allegation;
(b) cause such investigation to be made as it thinks necessary; and
(c) seek such medical advice or other assistance as it may require.
(2) The provisions of sections 43,44 and 45 shall, with the necessary modifications, apply to a member referred to under subsection (1).
47. Appointment of Appeals Committee
(1) The Minister shall, by Order, appoint an Appeals Committee, which shall hear and determine appeals made from the decisions of the Disciplinary Committee.
(2) The Appeals Committee shall, in consultation with the Institute, determine its own procedure for the hearing of appeals made in terms of subsection (1).
(3) The Appeals Committee shall, in consultation with the Institute, formulate and issue such rules as it considers appropriate to deal with all matters related to the hearing of appeals.
48. Appeal against decision of Disciplinary Committee
(1) Subject to subsection (2) any person aggrieved by a decision of the Disciplinary Committee made under section 45(1) may appeal therefrom to the Appeals Committee.
(2) An appeal to the Appeals Committee against a decision made under section 45 (1) may be made only where-
(a) notice of such appeal, setting out the grounds of appeal, has been served on the Institute within 14 days after the decision of the Disciplinary Committee is communicated to him or her; and
(b) the appeal is lodged with the Appeals Committee within 14 days after the notice referred to in paragraph (a) is served on the Institute.
(3) The decision of the Disciplinary Committee to-
(a) suspend or remove the name of any member from the register;
(b) to withdraw or suspend his or her certificate of registration; or
(c) to withdraw a certified auditor's practising certificate,
shall be effective immediately, notwithstanding any appeal which may be pending unless either the Disciplinary Committee expressly suspended the operation of its decision pending the outcome of such appeal or the aggrieved person has obtained from the Appeals Committee an order staying the operation of the decision of the Disciplinary Committee.
49. Appeal against decision of Appeals Committee
(1) A member aggrieved by a decision of the Appeals Committee may, within 14 days of the date of the decision, appeal to the Minister.
(2) A person aggrieved by a decision of the Appeals Committee refusing to remove the name of a member from the register, or to suspend such member may, within 14 days of the date of the decision, appeal to the Minister against such decision.
(3) A person aggrieved by a decision of the Minister made under subsections (1) and (2) may, within 30 days of the date of the decision, appeal to the High Court.
(4) The High Court may, on hearing an appeal in terms of subsection (1)-
(a) confirm, vary or set aside any decision of the Minister; or
(b) remit the matter to the Minister and Council for further consideration and may make such other orders as to costs as it considers appropriate.
50. Publication of outcome of proceedings
(1) Where the Chief Executive is directed by the Council, he or she shall cause to be published by notice in the Gazette, the name of any member whose name has been removed or who has been suspended under this Part.
