(1) The Chairperson must constitute a panel for an application envisaged in section 47 or 48 regarding—
(a) a national department envisaged in section 3(1)(a), a constitutional institution referred to in section 3(1)(b) or a national public entity envisaged in section 3(1)(d), at the national sphere of government; or
(b) a provincial department envisaged in section 3(1)(a), a municipality or municipal entity referred to in section 3(1)(c) or a provincial public entity envisaged in section 3(1)(d), in the relevant province.
(2) Any reference in this Act to the Tribunal must be construed as including a reference, where appropriate in the case of an application envisaged in section 47 or 48, to a panel to whom a review is or was assigned.
(3) The panel—
(a) is the decision-making body for that particular application; and
(b) performs the functions of the Tribunal when hearing the application.
(4) A panel consists of—
(a) a member of the Tribunal as Chairperson of the panel;
(b) a member of the Tribunal referred to in section 37(2)(b);
(c) a member of the Tribunal referred to in section 37(2)(c); and
(d) such other members of the Tribunal as the Chairperson of the Tribunal decides.
(5) If, for any reason, a member of the panel is unable to complete a hearing of an application, the Chairperson may—
(a) replace the member;
(b) direct that the proceedings continue before the remaining members of the panel; or
(c) constitute a new panel and direct the new panel to either continue the proceedings or start proceedings afresh.