Effect of finding of guilt for offence against section 109
112 Effect of finding of guilt for offence against section 109
A member of the board of directors of a water corporation who is found guilty of an offence against section 109 or any corresponding previous enactment is not capable of being or continuing to be a member of a board of directors of a water corporation for 7 years after that finding of guilt, unless—
on application by the person found guilty, the court by which he or she is found guilty; or
a court hearing an appeal under subsection (2)—
thinks it is appropriate in the circumstances to reduce or waive the period of disqualification.
A person may, within 6 months after a decision on an application under subsection (1)(a), appeal from that decision—
S. 112(2)(a) amended by No. 3/2016 s. 97.
if the person was found guilty by the Magistrates' Court (other than the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder)—to the County Court; and
S. 112(2)(ab) inserted by No. 1/2022 s. 107.
in the case of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; and
in any other case—to the Supreme Court.
An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.
S. 113 substituted by No. 85/2006 s. 54.
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