2016 LOCAL GOVERNMENT LAWS AMENDMENT found to be necessary, within thirty days after the Minister refers the matter to the tribunal)— (a) inform the respondent, in writing, of the nature of the allegation against him or her, and call upon him or her to submit a written reply to the allegation within fourteen days; and (b) where possible, furnish to the respondent copies of any material documentary evidence relating to the allegation of misconduct, or afford the respondent an opportunity of having sight of any such evidence. (2) The independent tribunal shall, within seven days of receiving the respondent’s reply or, if no such reply has been received in terms of subparagraph (l) (a), determine whether the respondent has a case to answer, and if so, it shall, within seven days notify the respondent in writing accordingly. Sittings and powers of independent tribunal 2. (1) For the purpose of this Schedule the chairperson of the independent tribunal shall convene a sitting of the tribunal, whenever he or she considers it to be necessary, at such time and place as he or she determines. (2) The quorum at any sitting of the tribunal shall be all three members: Provided that the tribunal may, in addition to sitting with all members physically present, hold or continue a sitting by the use of any means of communication by which all the members at the meeting can hear and be heard at the same time (hereinafter referred to as an “electronic sitting”). (3) A member who participates in an electronic sitting is taken for all purposes to have been present at the sitting. (4) The chairperson of the tribunal may establish procedures for electronic sittings (including recording the minutes of such sittings). (5) The chairperson may conduct open or closed sittings of the tribunal, and shall be entitled, at any open sitting, to exclude any particular person or persons for the preservation of order, for the due conduct of the inquiry or for any other good reason. (6) The tribunal shall, through the chairperson, have the powers contained in the Commissions of Inquiry Act [Chapter 10:07], to subpoena witnesses and administer oaths, and to compel witnesses thus summoned to take an oath or affirmation and to remain in attendance at the hearing until excused by the tribunal. . Hearings before independent tribunal 3. (1) Where the independent tribunal determines that a respondent has a case to answer and so notifies the respondent in accordance with paragraph 1(2), it shall in the same notification give not less than seven days’ notice to the respondent of the time, date and place of the hearing of the allegation of misconduct against him or her. (2) The hearing shall be conducted without the need to observe the rules of procedure and evidence ordinarily applicable in criminal or civil proceedings, provided, however, that the respondent concerned is afforded the opportunity to respond to every allegation of misconduct and that substantial justice is done. (3) Findings of fact by the tribunal shall be made by a majority of the members of the tribunal on the basis of a balance of probabilities. (4) Findings of law or of mixed law and facts shall be reserved for the chairperson alone. 217 No. 8