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Social Service Professions Act, 1978 (Act No. 110 of 1978)

Chapter IV : General Provisions

25. Appeal against refusal, penalty, or removal from register

 

(1) Any person aggrieved—
(a) by the refusal of the council or a committee to register him under this Act or to restore his name to a specified register;
(b) by any penalty imposed on him in terms of section 22(1);
(c) by the removal of his name from a register in terms of section 20(1), may within a period of three months after the date of such refusal, imposition of penalty or removal, appeal to an appeal committee.

 

(2) Any appeal committee referred to in subsection (1) shall be appointed by the Minister and shall consist of—
(a) a person who is versed in law, who shall be the chairperson; and
(b) two persons of senior standing in the profession concerned who have no direct interest in the affairs of the appellant or are not in the employ of the appellant and who are not members of the council.

[Section 25(2) substituted by section 19 of Act No. 102 of 1998]

 

(3) The appellant may in person or through a legal representative appear before the appeal committee or submit written statements or arguments in support of his appeal.

 

(4) The procedure to be followed in connection with the noting and prosecution of an appeal lodged in terms of this section, shall be as prescribed.

 

(5) The appeal committee hearing an appeal under this section, may confirm or set aside the refusal, penalty or removal forming the subject of the appeal, and may, if it is set aside, give such judgment as in its opinion ought to have been given by the council or committee and may direct the council to do everything necessary to give effect to the judgment of the appeal committee.

 

(6) [Section 25(6) deleted by section 80 of Act No. 88 of 1996]

 

(7) The commencement of a refusal, penalty or removal against which an appeal is lodged, shall be postponed by the lodging of an appeal in terms of subsection (1), to the date on which the appeal is withdrawn or disposed of by the appeal committee.

 

(8) Any member of the appeal committee who is not in the full-time employment of the State, may be paid such remuneration and allowances as the Minister may from time to time determine with the concurrence of the Minister of Finance.