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National Road Traffic Act, 1996 (Act No. 93 of 1996)

Chapter II : Application of Act and minimum requirements

3E. Suspension and cancellation of registration of officer

 

1) The inspectorate of driving licence testing centres or the inspectorate of testing stations, respectively, may for the period that it deems fit and in the manner prescribed, suspend or cancel the registration of an examiner for driving licences, or an examiner of vehicles, if—
a) in the opinion of the inspectorate such person is guilty of misconduct in the exercise of his or her powers or the performance of his or her duties;
b) such person stopped functioning as an officer for a period of 12 successive months;
c) such person has not attended an appropriate refresher course within the prescribed time at a training centre approved by the Shareholders Committee: or
d) in the opinion of the inspectorate concerned, the performance record of such person indicates that he or she is incompetent to exercise or perform the powers or duties of an officer of the category in which he or she is registered.

 

2) The chief executive officer may for the period that he or she deems fit and in the manner prescribed, suspend or cancel the registration of a traffic officer or inspector of licences if any of the circumstances referred to in subsection (1)(a) to (d) exist.

 

3) The registration of a person refereed to in subsection (1) or (2) may only. be suspended or cancelled after such person has had the opportunity to make representations in writing and to show cause, within the period determined by the chief executive officer, which period shall not be less than 21 days, why the registration should not be suspended or cancelled.

 

4) Any person adversely affected by the decision of the inspectorate referred to in subsection (1) or the chief executive officer referred to in subsection (2) may, within 21 days after he or she became aware of the decision, request the inspectorate or chief executive officer, as the case may be, to give reasons in writing for its, his or her decision.

 

5) If the registration of a person is suspended or cancelled in terms of this section, that person shall forthwith return his or her registration document to the chief executive officer, who shall keep such document for the period of suspension, or cancel such document, as the case may be.