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Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982)

32. Procedure at inquiry

 

(1) Any such inquiry shall be held on such date and at such time and place as may be determined by the president of the council, and the registrar shall inform the person concerned in writing thereof.

 

(2) The council may in its discretion appoint one or more persons to advise the council at such inquiry on matters pertaining to law, procedure or evidence, or to lead the evidence at the enquiry, cross-examine the witnesses and act as pro forma complainant, and the council may remunerate any such person as it may deem fit.

[Section 32(2) substituted by section 11(a) of Act No. 19 of 1989]

 

(2A) The person presiding at the inquiry shall keep or cause to be kept a record, whether in writing or by way of mechanical recording, of the proceedings at the inquiry and of the evidence given thereat.

[Section 32(2A) inserted by section 11(b) of Act No. 19 of 1989]

 

(3) The council may for the purposes of such inquiry—
(a) summon in the prescribed manner any person who, in  the opinion of the council, is able to furnish information of material importance to the inquiry, or who the council has reason to believe has in his or her possession or custody or under his or her control any book, document or record relating to the subject of the inquiry, to appear  at a time and place specified in the summons to be examined or to produce such book, document or record, and may retain for examination any book, document or record so produced; and
(b) through the person presiding at the inquiry, administer an oath to, or accept an affirmation from, any person present at the inquiry, and examine him or her or cause him or her to be examined by a person designated by the council to lead the evidence at the inquiry, and instruct him or her to produce any book, document or record in his or her possession or custody or under his or her control.

 

(4) A summons referred to in subsection (3) shall contain the prescribed information and shall be served in the prescribed manner, and the provisions of section 51(2) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), shall apply mutatis mutandis in respect of any person on whom such summons has been so served.

 

(5) The law relating to privilege, as applicable to a witness summoned to give evidence or to produce a book, document or record in a civil trial before a court of law, shall mutatis mutandis apply in relation to the examination of or the production of any book, document or record by any person summoned in terms of this section.

 

(6) If the conduct or an act, omission or contravention or alleged act, omission or contravention of a person which is the subject of an inquiry in terms of this section, amounts to an offence of which such person has been convicted by a court of law, a certified copy of the record of the judgment relating to his or her trial and conviction by that court shall, upon identification of the person concerned as the person referred to in the record, be sufficient proof of the commission by him or her of such offence, unless the conviction has been set aside by a superior court.

 

(6A) Any person against whom an inquiry is instituted in terms of this section shall be entitled, without appearing before the council, to admit guilt by means of a sworn affidavit on any of or all the charges mentioned in the summons concerned.

[Section 32(6A) inserted by section 3 of Act No. 13 of 1993]

 

(6B) A sworn affidavit referred to in subsection (6A) shall be submitted to the council, or a committee established by the council under section 12.

[Section 32(6B) inserted by section 3 of Act No. 13 of 1993]

 

(6C) The council or committee, as the case may be, may, after consideration of the sworn affidavit and if it deems it expedient, accept the admission of guilt, and, having regard to any mitigating factors, impose upon the person concerned any penalty mentioned in section 33(1)(a).

[Section 32(6C) inserted by section 3 of Act No. 13 of 1993]

 

(7) Any person against whom an inquiry is instituted in terms of this section, shall be entitled either in person or through his or her  legal representative—
(a) to be present at the inquiry;
(b) to answer the charge;
(c) to cross examine any person who has given evidence at the inquiry;
(d) to inspect any book, document or record referred to in subsection (3);
(e) to call persons to give evidence in support of his or her defence; and
(f) to be heard in his or her defence.

[Section 32(7) substituted by section 11(c) of Act No. 19 of 1989]

 

(7A) At any inquiry in terms of this section it shall be no defence that the person whose conduct or act, omission or contravention is the subject of the inquiry, acted within the scope of his or her employment with any employer, or in a representative capacity on behalf of a juristic person.

[Section 32(7A) inserted by section 11(d) of Act No. 19 of 1989]

 

(8) Any person who, having been duly sworn or having made an affirmation, tenders false evidence at an inquiry held under this section, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties which may lawfully be imposed for the offence of perjury.