"Benaud is Australia's nominee as a Code of Conduct Commissioner and he has accepted the appointment to preside as the Appeals Commissioner for the hearing, which will take place via teleconference," International Cricket Council said in a statement today.

"The date for the hearing is still to be confirmed but it is expected to be held between the second and third Tests of the ongoing series," it added.

The second match is due to end on January 23 in Port Elizabeth and the final Test in Cape Town set to begin three days later.

The conduct of the hearing is at the discretion of the Appeals Commissioner and he has seven days to hear and determine the case. The decision handed down is final and binding.

Pending resolution of the appeal, Gibbs is permitted to play in any match scheduled to commence prior to the announcement of the Appeals Commissioner's decision. That means he is available for the second Test against Pakistan, beginning tomorrow.

Gibbs was found guilty of a Level 3 offence, clause 3.3 of the Code which prohibits using "...Any language or gestures that offends, insults, humiliates, intimidates, threatens, disparages or vilifies another person on the basis of that person's race, religion, colour, descent or national or ethic origin."