1989 Ed.
Legal Practitioners
[CAP. 159
31
(3) Every member of a Committee of Inquiry shall have the like protection and privileges, in relation to any action or suit brought against him for any act done or omitted to be done in the execution of his duties as such member, as is given by any law to a magistrate acting in the execution of his office.
(4) All proceedings of a Committee of Inquiry and every report made in accordance with the provisions of section 35 shall be privileged.
37. Powers of the Court of Appeal
(1) Where a report is forwarded to the Chief Justice under section 35(1)(b) the Chief Justice shall cause the matter to be set down for hearing before the Court of Appeal and the Registrar shall give not less than 14 days' notice of the date of such hearing to the barrister concerned, to the Attorney General and to the Bar Committee and at the same time shall forward to each a copy of the report of the Committee of Inquiry.
(2) At a hearing set down under subsection (1)—
(a) the Bar Committee shall be the Applicant and shall move the Court of Appeal to take disciplinary action against the barrister concerned upon the findings of fact and law of the Committee of Inquiry;
(b) counsel may appear on behalf of the barrister concerned and the Bar Committee may be represented by counsel or by the Attorney General.
(3) The Court of Appeal shall at such hearing consider the report of the Committee of Inquiry and such submissions upon the findings of fact and law of the Committee of Inquiry as may be made on behalf of the Bar Committee and the barrister concerned and may call for the original record of the evidence taken and any document put in evidence before the Committee of Inquiry.
(4) The Court of Appeal may, upon special grounds being shown, consider any additional evidence not adduced before the Committee of Inquiry.
(5) Every hearing under this section shall be in camera unless, and to the extent to which, the Court of Appeal may otherwise direct.
(6) On completion of the hearing the Court of Appeal may-
(a) censure the barrister; or
(b) suspend him from practising for such period as it may specify; or
(c) order that his name be struck off the roll of barristers; or
(d) make such other order as the Court of Appeal may think fit.
(7) Any order made under subsection (6) shall be published in the Gazette unless the Court of Appeal shall otherwise direct, and may be published in such manner as the Court of Appeal may direct.
38. Variation of order of the Court of Appeal
(Amended 92 of 1975 s. 59)
(1) Without derogating from the power of the Chief Justice under section 29(3) to order the replacement on the roll of the name of a barrister who