No. 8 LOCAL GOVERNMENT LAWS AMENDMENT 2016 (5) At the hearing the respondent, the Ministry and the independent tribunal may, if any of them so wishes, be advised and, in the case of the Ministry or respondent, represented by a legal practitioner. (6) The independent tribunal may proceed to consider the allegation of misconduct in the absence of the respondent concerned if the respondent fails to attend the hearing without reasonable cause after having been duly notified. (7) The chairperson of the independent tribunal shall keep or cause to be kept an accurate record of the substance of the evidence led at the hearing. Determination of allegation of misconduct 4. (1) At the conclusion of a hearing the independent tribunal shall proceed to determine whether or not the respondent is guilty of misconduct as alleged. (2) Where the independent tribunal determines that the respondent is not guilty of misconduct, the independent tribunal shall without delay notify the respondent, the Minister and the council concerned in writing accordingly. (3) Where the independent tribunal determines that a respondent is guilty of misconduct— (a) the respondent is deemed to be removed from office on the date of that determination and his or her seat becomes vacant on that date; and (b) the independent tribunal shall without delay notify the respondent, the Minister and the council concerned in writing accordingly. (4) It shall be competent for the independent tribunal to find a respondent guilty of an act of misconduct other than the act which the respondent was originally alleged to have committed if the facts disclose such other act. (5) Where the independent tribunal has not made a finding that the respondent is guilty of such other act as is referred to in subparagraph (4) but believes that there is a reasonable suspicion that the respondent may be guilty of such act— (a) the independent tribunal shall refer the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils x\ct); and (b) the independent tribunal shall adjourn until the completion of the investigation in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act). (6) If the investigation is completed and a new charge is preferred against the respondent in accordance with paragraph 1(1)— (a) within thirty days from the date that the independent tribunal referred the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act), the allegation of misconduct shall be dealt with by the independent tribunal that heard the original allegation; (b) after thirty days from the date that the independent tribunal referred the matter back for further investigation by the Minister in terms of section 114(4) (or section 157(4) in the case of the Rural District Councils Act), the allegation of misconduct shall be dealt with by a reconstituted independent tribunal. Respondent convicted, of a criminal offence 5. Where a respondent is convicted of a criminal offence which may constitute an act of misconduct, the Ministry shall endeavour to obtain a copy of the court record relating to the conviction of the respondent from the registrar or clerk of the court concerned, and avail it to the tribunal.