S.L. 464.13 Art. 34Penalties.

(1) Where a member is declared to be guilty of the charges brought against him, the Committee shall decide on the appropriate disciplinary action on the basis of the principles encapsulated in regulation 23 and shall refer to the provisions of sub-regulations (2), (3) and (4) of this regulation as a guide to the requirement of proportionality between the disciplinary action and the gravity of the infringement committed.

(2) In those cases where the Committee deems the infringement is of minor consequence to the profession, its reputation, the practice or to the concerned third party, the Committee may:

(a) issue a letter of warning; or

(b) impose a penalty of not less than Lm10 and not more than Lm150; or

(c) declare that in the event that the member is found guilty of any other breach of conduct by the Committee within the ensuing one calendar year, the latter infringement shall be considered in conjunction with the former infringement in determining the severity of the disciplinary action to be taken; or

(d) effect any combination of the above.

(3) In those cases where the Committee deems the infringement is of moderate consequence to the profession, its reputation, the practice or to the concerned third party the Committee may:

(a) issue a letter of reprimand; or

(b) impose a penalty of not less than Lm100 and not more than Lm500; or

(c) declare that in the event that the member is found guilty of any other breach of conduct by the Committee within the ensuing two calendar years, the latter infringement shall be considered in conjunction with the former infringement in determining the severity of the disciplinary action to be taken; or

(d) order the temporary removal of the member from the Register of not less than one month and not more than eight months effective duration: Provided that the Committee may include conditions on the member for reinstatement to the Register such as the obligation to successfully undertake specific training or partake in a continuous professional development programme during the said period of application of disciplinary action; or

(e) effect any combination of the above.

(4) In those cases where the Committee deems the infringement is of grave consequence to the profession, its reputation, the practice or to the concerned third party the Committee may:

(a) issue a letter of reprimand and declare that should the member be found guilty of any other breach of conduct by the Committee within the ensuing three calendar years, the latter infringement shall be considered in conjunction with the former infringement in determining the severity of the disciplinary action to be taken; or

(b) impose a penalty of not less than Lm500 and not more than Lm5,000; or

(c) order the temporary removal of the member from the Register: Provided that the period of temporary removal shall be of a minimum of nine calendar months but not exceeding eighteen months: Provided further that the Committee may include conditions on the member for reinstatement to the Register such as the obligation to successfully undertake specific training or partake in a continuous professional development programme during the said period of application of disciplinary action; or

(d) order the erasure of the member from the Register in line with the provisions of the Act; or

(e) effect any combination of the above.