Consumer Affairs Reports
R 385
South African Council for Educators Act, 2000 (Act No. 31 of 2000)Chapter 2 : Continuation, Powers and Duties, Composition and Governance of Council14. Disciplinary committee |
| (1) | The disciplinary committee of the council consists of— |
| (a) | the deputy chairperson of the council, who is the chairperson of the committee; |
| (b) | four other members appointed by the council, of whom at least one must be a member referred to in section 6(1)(c); and |
| (c) | the chief executive officer. |
| (2) | The disciplinary committee must— |
| (a) | compose, maintain and from time to time review a code of professional ethics; |
| (b) | ensure that an alleged breach of the code of professional ethics is investigated; |
| (c) | establish panels to investigate and hear complaints against educators; |
| (d) | ensure that a fair hearing, in accordance with the procedure determined by the council in terms of section 5(c)(ii), is conducted; |
| (e) | on the basis of a recommendation of the relevant panel, recommend a finding and appropriate action, if any, to the council; and |
| (f) | exercise or perform any other power or duty delegated or assigned to it by the council. |
| (3) | A relevant panel must make a recommendation to the disciplinary committee in regard to a finding, and, if any, disciplinary action concerning a complaint referred to it. |
| (4) | For the purposes of the investigation and hearing, a panel may summon any person who— |
| (a) | may be able to give information of material importance concerning the subject of the investigation or hearing; or |
| (b) | has possession, custody or control of or over any book, document or object which may have a bearing on the matter, to appear before the panel and to produce the book, document or object, if any. |
| (5) | The summons must be in a form prescribed by the council and be signed by the chairperson of the disciplinary committee or the chief executive officer and be served on a person by way of— |
| (a) | delivery by hand; |
| (b) | telefax; or |
| (c) | registered post. |
| (6) | The date on which the summons is served is regarded as, in a case of— |
| (a) | service by hand, the date of delivery; |
| (b) | service by telefax, the dispatching date reflected on the telefax; and |
| (c) | service by registered post, the date on which the letter was signed for, in the absence of proof to the contrary. |
| (7) | The disciplinary committee and a panel must keep a record of the proceedings of every investigation and disciplinary hearing. |
