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

Rules

Rules relating to the disciplinary processes against the veterinary and para-veterinary professions

Procedure at Inquiries into Professional Conduct

4. Investigative Methodology B

 

(1) The registrar or the investigating committee may at any stage, mero-motu or as a result of a complaint lodged, appoint an investigating officer in terms of section 31A(2)(a) or (b) of the Act, to conduct an investigation if he/she deems it necessary for purposes of establishing more facts.

 

(2) The investigation officer appointed in terms of section 31A(2), shall when exercising such power or performing any function in terms of this Act, do so under authority of a certificate of appointment issued in terms of section 31A(4) of the Act and shall produce that certificate to any person who is affected by his or her action.

 

(3) Such Investigating officer shall exercise all such powers and functions as are conferred in terms of section 31A and 31B of the Act, including:
(a) to enter upon and search any premises or veterinary facility where clinical veterinary services are rendered;
(b) request any person who has or is suspected on reasonable grounds of having in his or her possession or custody or under his or her control any records or electronic data or both relating to the matter which is being investigated to produce such records;
(c) take possession of examine, and make extracts from and copies of such records and/or electronic data relating to, or which he or she on reasonable grounds believes to relate to, the matter under investigation; and
(d) Interview and obtain statements and/or explanation from any person who he on reasonable grounds suspects of having knowledge of or any information that is material to the investigations.

 

(4) The Investigating officer shall upon conclusion of the investigation, compile and submit on investigation report to the registrar.

 

(5) If such report:
(a) reveals prima facie evidence of unprofessional conduct as contemplated in the Act and no complaint or charge has been lodged or laid or no allegation regarding the conduct in question has been made for the purpose of an inquiry in terms of section 31 , such report shall be deemed to be a complaint made for that purpose, and the registrar shall serve a copy thereof on the registered person concerned;
(b) reveals prima facie evidence which makes it desirable that an inquiry in terms of section 31 be instituted, the registrar shall forward a copy thereof to a committee established in terms of section 12(1) of the Act to further investigate and deal with the matter in terms of the Act; and
(c) If such report does not reveal any prima facie evidence of unprofessional conduct contemplated in the Act, the registrar shall serve a copy thereof on the registered person concerned in the prescribed manner.