| (1) |
If the council, after an inquiry held under section 32, finds a person who is registered or deemed to be registered in terms of this Act guilty of unprofessional, improper or disgraceful conduct, the council may— |
| (a) |
reprimand or caution him; |
| (aA) |
impose a fine not exceeding the amount determined by the Minister by notice in the Gazette;
|
[Section 33(1)(aA) inserted by section 11 of Act No. 10 of 2002]
| (b) |
impose conditions and restrictions subject to which the person concerned may, for a specified period, practise the profession in respect of which he or she is registered; |
| (c) |
suspend his or her registration for such period and subject to such conditions as the council may in each case determine; or |
| (d) |
withdraw his or her registration. |
| (a) |
postpone the imposing of a penalty upon any person so convicted; or |
| (b) |
suspend the execution of a penalty mentioned in subsection (1)(c) or (d) and so imposed upon a person, |
for such period and subject to such conditions as it may in each case determine.
| (a) |
inform a person who is so found guilty, in writing of his or her conviction and of the grounds on which it is based; |
| (b) |
enter the particulars of any penalty imposed upon a person under subsection (1)(a), (b) or (c), opposite his or her name in the appropriate register; |
| (bA) |
publish the name and address of the person concerned, and particulars of his or her conviction and the penalty imposed upon him, by notice in the Gazette;
|
[Section 33(3)(bA) inserted by section 12 of Act No. 19 of 1989]
| (c) |
remove the name of a person whose registration is withdrawn under subsection (1)(d), from the appropriate register. |
(4)
| (a) |
Any person whose registration is suspended under subsection (1)(c) of this section shall, except for the purposes of section 26, for the period of such suspension be deemed not to be so registered. |
| (b) |
The council may at any time before the expiration of the period for which any registration has been suspended under subsection (1)(c), on application in the prescribed manner terminate such suspension subject to such conditions as it may in each case determine. |
(5)
| (a) |
If at the end of the period for which the imposition of a penalty has been postponed under subsection (2)(a), the council is satisfied that the person concerned has observed all the relevant conditions, the registrar shall inform the person concerned that no penalty will be imposed upon him. |
| (b) |
If the execution of a penalty has been suspended under subsection (2)(b) and the council is satisfied that the person concerned has observed all relevant conditions throughout the period of suspension, the registrar shall inform such person that such penalty will not be executed. |
| (6) |
If a person fails to comply with any conditions determined in terms of subsection (2), the council shall impose a penalty upon him or her or execute the penalty imposed upon him, unless he or she satisfies the council that the non-compliance with such conditions was due to circumstances beyond his or her control. |
| (7) |
[Section 33(7) deleted by section 4 of Act No. 13 of 1993] |
| (8) |
For the purposes of imposing a penalty under this section upon a person who is registered or deemed to be registered in terms of this Act, "unprofessional, improper or disgraceful conduct", in relation to such person, means— |
| (a) |
the contravention of or the failure to comply with any provision of this Act or the rules; |
| (b) |
becoming mentally or physically disabled to such extent that it would be detrimental to the public interest to allow him or her to continue practising his or her profession; |
| (c) |
becoming unfit to purchase, acquire, keep, use, administer, prescribe, order, supply or possess any Scheduled substance as defined in the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965), or using, possessing, prescribing, administering or supplying any such Scheduled substance for purposes other than a medicinal purpose as defined in the said Act, or becoming addicted to the use of any such Scheduled substance; or |
| (d) |
conducting himself, through any other act or omission, in the opinion of the council unprofessionally, improperly or disgracefully, when regard is had to his or her profession. |
| (9) |
The council may make an order as regards the costs incurred by the council or committee, as the case may be, relating to an inquiry or investigation to the conduct of a person registered or deemed to be registered in terms of this Act, of an amount not exceeding the amount determined by the Minister by notice in the Gazette. |
[Section 33(9) inserted by section 10 of Act No. 16 of 2012]
Statistics Act, 1999
