(2) The Council may, if it thinks fit, on proof before it of a conviction referred to in subsection (1) and without hearing further evidence, deal with the convicted person in accordance with this Part: Provided that the convicted person shall be afforded an opportunity of tendering in writing or in person, as he may elect, an explanation to the Council in extenuation of his conduct. (3) Whenever, after the termination of proceedings before a court in Zimbabwe, it appears to the court that there is prima facie evidence of disgraceful conduct on the part of a registered valuer or any person referred to in subsection (1) of section thirty-two, the court shall direct that a copy of the record of the proceedings or a copy of such portion of the proceedings as is material to the issue shall be transmitted to the Council. 34 Failure to pay fees (1) If a registered valuer fails to pay any annual fee referred to in paragraph (a) of subsection (2) of section forty-five by the 31st March of the year in which it becomes due and payable, his registration shall be suspended as from the date such fee became due and payable, until it is paid. (2) Except on good cause shown to the Council in writing by the person concerned, the Registrar shall cancel the registration of a valuer twelve months after his suspension in terms of subsection (1). 35 Suspension because of sequestration Whenever the estate of any registered valuer is sequestrated or assigned, the registration of such valuer shall be suspended until the Council, for good cause shown, orders the removal of the suspension. PART VI APPEALS 36 Appeals against decisions of Council (1) Any person who is aggrieved by any decision, direction, order or action of the Council in terms of section twenty-nine, thirty-one or thirty-two, may appeal against such decision, direction, order or action to the Administrative Court. (2) A notice of appeal in terms of this section shall be lodged with the Registrar of the Administrative Court and the Registrar within thirty days of the date on which he is given by the Council notice of the decision, direction, order or action appealed against. (3) The Registrar shall furnish copies of a notice of appeal lodged in terms of this section to the Council and the Minister. (4) On an appeal in terms of this section, the Administrative Court may confirm, vary or set aside the decision, direction, order or action appealed against or give such other decision as in its opinion the Council ought to have given, and make such order as to costs as it sees fit: Provided that— (i) a decision, direction, order or action of the Council following an inquiry in terms of section thirty-one or thirty-two shall not be set aside solely because of an irregularity which did not embarrass or prejudice the appellant in answering a charge or in the conduct of his defence; - 15 -

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