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Professional and Technical Surveyors' Act, 1984  (Act No. 40 of 1984)

Rules

South African Council for Professional and Technical Surveyors

Chapter IX

16. Inquiries into alleged improper conduct

 

 

(1) In the case of alleged improper conduct on the part of any person who is or was a person registered in terms of the Act being reported to the council or to any institute the matter shall be referred to the president who shall address the body or person making the complaint or allegation in writing, calling upon it or him or her to furnish an affidavit detailing in concise terms the specific acts complained of or alleged.

 

(2) On receipt of the affidavit the president shall forward a copy thereof to the person against whom the complaint, charge or allegation is lodged, calling upon him or her to submit to the president within 21 days a written explanation verified by affidavit in answer to the complaint, but warning him or her that any explanation given by him or her may be used in evidence should an inquiry take place.

 

(3) On receipt of such explanation, or if no explanation is received from the person concerned, a subcommittee consisting of three practicing professional land surveyors, professional surveyors or surveyors as the case may be and assisted by a practicing attorney or advocate, shall be appointed by the president (failing whom, the vice-president) and such sub-committee shall consider the complaint, charge or allegation and the explanation (if any) and if, in the opinion of the majority of the subcommittee the statements furnished do not disclose prima facie evidence of improper conduct, they shall inform the president (failing whom, the vice-president) accordingly and he or she shall forthwith advise both the complainant and the person concerned of that fact in writing.

 

(4)

(a) Should the majority of the members of the sub-committee consider that the statements furnished disclose prima facie evidence of improper conduct, they shall inform the president (failing whom, the vice-president) accordingly and simultaneously make written recommendations to him or her in regard to—
(i) the nature of the charges to be brought against the accused person; and
(ii) whether, in the opinion of the sub-committee, the alleged conduct of the accused person, if proved, is of sufficient importance to the profession to warrant that charges of improper conduct be brought against that person by the council.
(b) Upon receipt thereof, the president and vice-president (acting as a subcommittee of council, the president to have a second or casting vote) shall consider the information and recommendation referred to in subrule 4(a) and shall decide whether prosecution of the charges shall be brought in the name of the council or in the name of the complainant. At the same time the same sub-committee shall submit to the council for approval the names of the members of a committee of inquiry.

 

(5) The members of the council shall indicate in writing to the president their acceptance or other proposals regarding the constitution of the committee within 21 days of the date of the notification mentioned in subrule (4).

 

(6) Save as provided in rule 4(2), when the president is satisfied that the majority of the members agree to the constitution of the committee of inquiry, he or she shall notify the members of such committee stating where and when the inquiry will be held. At the same time he or she shall notify the complainant in writing of the nature of the council's decision and of the composition of the committee of inquiry and the complainant, if his or her complaint is to be prosecuted in his or her name, shall have the right, if he or she so wishes, to withdraw the charges and to resile from the prosecution thereof by notice in writing addressed and delivered to the president within 10 days of the delivery of the aforesaid notice from the president to the complainant. If the complainant fails to deliver such notice to the president within the aforesaid period of ten (10) days, such failure shall constitute proof that the complainant requires the charges to be prosecuted in his or her own name by the council.

 

(7) After the president has satisfied himself or herself that the complainant wishes to proceed with the prosecution of the charges or if it has been decided that the council shall prosecute such charges in its own name, the president shall issue a summons in the form J obtainable from the Registrar, addressed to the person concerned, (hereinafter referred to as "the accused") stating where and when the enquiry will be held.

 

(8) The president shall, together with the summons, furnish the accused with a copy of these rules and of such affidavits and other documents as he or she deems fit. In addition the president shall furnish the accused with a schedule of all other documents in his or her possession which may be used as exhibits at the inquiry, and the accused shall be entitled, prior to the inquiry, to examine the said exhibits and, if he or she so desires, to make copies thereof.

 

(9) The summons shall be served on the accused in the manner stipulated by section 30(2) of the Act and shall allow the accused a reasonable period of time to prepare his or her defence to the charges against him or her and/or to respond in any way which he or she may deem appropriate to the charges set forth in the summons.

 

(10) Whenever the complainant or the accused requests the president, in writing, that any person or persons be summoned to give evidence on his or her behalf, or whenever the accused requires the presence of the complainant or any person giving evidence on behalf of the complainant for purposes of cross-examination, the president shall, if he or she considers that such person or persons, or any other person or persons are necessary witnesses, summon such person or persons to appear before the  committee to give evidence. The fees payable to witnesses shall be according to the tariff in criminal cases in magistrates' courts and shall be payable by the council.