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Traditional Health Practitioners Act, 2004  (Act No. 35 of 2004)

Chapter 2 : Establishment and Governance of Interim Traditional Health Practitioners Council of South Africa

14. Other committees of Council

 

(1) Subject to subsection (3), the Council may establish such other committees, including disciplinary committees, as it considers necessary, consisting of such a number of persons as the Council may determine, including at least one member of the Council who must be the chairperson of such committee.

 

(2) The Council may, subject to subsection (3), delegate to any committee contemplated in subsection (1), or to any member of that committee, such of its powers as it may from time to time determine, but the Council is not divested of any power so delegated.

 

(3) Notwithstanding subsection (1), the Council may establish ad hoc disciplinary appeal committees consisting of—
(a) as chairperson, either a retired judge, a retired senior magistrate or an attorney with a minimum of 10 years of experience;
(b) not more than two registered traditional health practitioners; and
(c) a member of the Council appointed under section 7(h).

 

(4) A disciplinary appeal committee contemplated in subsection (3) has the power to vary, confirm or set aside a finding of a disciplinary committee established under subsection (1) or to refer the matter back to the relevant disciplinary committee with such instructions as it thinks fit.

 

(5) A decision by a disciplinary committee, unless appealed against, is of force and effect from the date determined by that committee.

 

(6) Where a matter has been considered by a disciplinary appeal committee, the decision of the disciplinary appeal committee, unless appealed against in a court of law, is of force and effect from the date determined by that committee.