Acts Online
GT Shield

Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Rules

Rules Governing the Quorum, Procedure at meetings and, generally the Conduct of Functions of the Central Drug Authority

16. Discipline and misconduct

 

(1) When the Chairperson of the CDA becomes aware of a transgression of, or a failure to comply with a stipulation of the Rules, or when a written allegation or statement is directed to him/her to the effect that a member of the CDA has allegedly transgressed a stipulation of the Rules or has failed to comply therewith, he or she shall—
(a) investigate the facts and circumstances ;
(b) obtain a written comment from the member concerned; and
(c) if he or she is convinced that a transgression of or a failure to comply with a stipulation of the Rules has prima facie occurred, he or she shall submit a report in this regard to the CDA.

 

(2) Provided that the member concerned has not submitted  a written comment, as contemplated in these Rules, to the Chairperson within a reasonable time after such request was made to him/her, the Chairperson should proceed to submit a report to the CDA.

 

(3) If a member of the CDA misconducts himself/herself, behaves in an unseemly manner or obstructs the business of any meeting of the CDA or any committee thereof or challenges the ruling of the Chairperson on any point of order, or declines to withdraw any expression when required to do so by the Chairperson, or indulges in tedious repetition or unbecoming language, or commits any breach of the Rules, the Chairperson shall direct such CDA member to conduct himself/herself properly and if speaking,to discontinue his/her speech and resume his/her seat. In the event of a persistent disregard of the directives of the Chairperson, the Chairperson shall direct such CDA member to retire from the place of the meeting for the remainder of the meeting and may, if necessary, cause him/her to be ejected there from.

 

(4) In the event that misconduct contemplated herein, the Chairperson, the Deputy shall carry out the responsibilities contained in these Rules.

 

(5) A CDA member commits an act of misconduct if the member—

 

(6) refuses or fails to comply with directives of the Chairperson given in terms of these Rules or the Act,

 

(7) returns to the place of the meeting prior to the conclusion of the meeting from which he or she was directed to retire, or

 

(8) offers resistance whilst being ejected from the place of meeting, he/she shall be guilty of misconduct and liable on conviction to a warning and/or expulsion.

 

(9) If the Chairperson is allegedly charged with misconduct, the Deputy-Chairperson will execute the duties as contained in these Rules.