s 58 Appointment of Disciplinary Tribunals
58.—(1) Subject to section 59, the President of the Disciplinary Commission may appoint a Disciplinary Tribunal consisting of —(a) 2 members of the Complaints Panel who are registered medical practitioners of at least 10 years’ standing; and (b) one other member of the Complaints Panel who is a legal professional, to conduct a formal inquiry into any matter referred to the President of the Disciplinary Commission under section 40(7) or 46(8). (2) Subject to section 59, the chairman of a Disciplinary Tribunal is a member of that Tribunal so designated by the President of the Disciplinary Commission, and where the President of the Disciplinary Commission designates a registered medical practitioner as the chairman of the Disciplinary Tribunal, that registered medical practitioner must have at least 20 years’ standing. (3) A member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Health Committee or an Interim Orders Committee is disqualified from acting as a member of a Disciplinary Tribunal conducting an inquiry into the same matter as the Inquiry Committee, Complaints Committee, Review Committee, Health Committee or Interim Orders Committee, as the case may be. (4) A Disciplinary Tribunal may be appointed in connection with one or more matters, as the President of the Disciplinary Commission thinks fit. (5) The President of the Disciplinary Commission may at any time —(a) revoke the appointment of a Disciplinary Tribunal; (b) remove any member of a Disciplinary Tribunal; (c) fill any vacancy in a Disciplinary Tribunal; or (d) where the appointment of a Disciplinary Tribunal has been revoked under paragraph (a) or a Disciplinary Tribunal is for any reason unable to continue with an inquiry, appoint another Disciplinary Tribunal in place of the firstmentioned Disciplinary Tribunal to continue with the inquiry. (6) The Disciplinary Tribunal that is appointed under subsection (5)(d) may, with the consent of the President of the Disciplinary Commission and the registered medical practitioner to whom the matter relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, conduct a formal inquiry into the matter afresh. (7) The production of any written instrument purporting to be signed by the President of the Disciplinary Commission and making an appointment, a revocation or a removal mentioned in this section constitutes prima facie evidence that such appointment, revocation or removal has been duly made. (8) Every member of a Disciplinary Tribunal is to be paid such remuneration as the President of the Disciplinary Commission may determine. (9) No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them. (10) The chairman of a Disciplinary Tribunal may at any time summon a meeting of the Disciplinary Tribunal. (11) All the members of a Disciplinary Tribunal must be personally present at any meeting of that Tribunal to constitute a quorum for the transaction of any business. (12) All the members of a Disciplinary Tribunal present at any meeting of that Tribunal must vote on any question arising at the meeting, and such question must be determined by a majority of votes. (13) However, if any member of a Disciplinary Tribunal —(a) has his appointment revoked or is removed under subsection (5); or (b) is unable through death, illness or any other cause to continue with the formal inquiry of the matter, the Disciplinary Tribunal must not make any decision on any question mentioned in subsection (12) until that vacancy is filled. [Act 34 of 2020 wef 01/07/2022]