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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

7. Procedure at Inquiry into professional conduct

 

(1) In an inquiry into professional conduct held in terms of Section 31 of the Act, the procedure is as follows:
(a) The respondent or, if he/she is not present, his/her legal representative must be asked by the chairperson of the inquiry body to plead guilty or not guilty to the charge and that plea must be so recorded;
(b) If the respondent, or his/her legal representative, refuses or fails to plead directly to the charge, this must be recorded and a plea of not guilty must be entered, and a plea so entered must have the same result as if it had in fact been so pleaded;
(c) The pro forma complainant must be given the opportunity of stating his/her case and of leading evidence in support thereof;
(d) The respondent must thereafter be given the opportunity of stating his/her case and of leading evidence in support thereof;
(e) After the evidence of a witness has been given, the opposing party is entitled to cross-examine the witness, whereafter the chairperson of the inquiry body may put questions to the witness and allow other members of the inquiry body to put questions to the witness;
(f) Before re-examination, further cross-examination must be allowed arising from questions put by the chairperson and other members;
(g) The person who led the evidence must thereafter be entitled to re-examine the witness, but must confine his/her re-examination to matters on which the witness was cross examined or on which the chairperson or other members put questions to the witness;
(h) The inquiry body may, in its discretion, allow further evidence to be led or a witness to be recalled by either the pro forma complainant or the respondent or by both after their cases have been closed;
(i) After the parties have closed their cases, the inquiry body may in its discretion call further witnesses or recall a witness to be questioned by the members of the inquiry body and thereafter by the pro forma complainant and then by the respondent or his/her legal representative;
(j) After all evidence is presented, the pro forma complainant must be allowed to address the inquiry body on the evidence and the legal position;
(k) Thereafter the respondent must likewise be allowed to address the inquiry body, whereafter the pro forma complainant must be allowed to address the inquiry body in reply;
(I) If the respondent and his/her legal representative are not present at the inquiry into professional conduct, the enquiry must proceed in the respondents' absence and a plea of not guilty must be entered, unless the respondent has in writing pleaded guilty to the charge against him/her, in which event it must be entered as his/her plea;
(m) All oral evidence must be taken on oath or affirmation by the chairperson of the inquiry body;
(n) The witnesses concerned may be questioned by the respondent and members of the inquiry body. The members of the enquiry body are not restricted to questions for purposes of clarification only; and
(o) Evidence on affidavit may be admissible: Provided that the opposing party may object to such evidence if he/she is not given the opportunity of cross-examining the witness.

 

(2) Upon the conclusion of a case the inquiry body must deliberate thereon in camera.

 

(3) If the respondent is found not guilty of the charge against him/her, he/she must be advised accordingly.

 

(4) The inquiry body may make a finding of not guilty even if the respondent has pleaded guilty.

 

(5) If the inquiry body has, regarding any charge, determined that sufficient facts have been proved to its satisfaction to support the charge, it must decide whether the charge so supported constitutes unprofessional, improper, or disgraceful conduct and it must announce its finding.

 

(6) If the respondent is found guilty the pro forma complainant must furnish details to the inquiry body of previous convictions of the respondent under the Act, if any and may address the inquiry body and lead evidence regarding a suitable  penalty to be imposed.

 

(7) The respondent may thereafter address the inquiry body and adduce evidence in mitigation of the penalty to be imposed and the witnesses concerned may be questioned by the pro forma complainant and members of the inquiry body.

 

(8) Thereupon the inquiry body must deliberate in camera upon the penalty to be imposed, and the chairperson must then inform the respondent of the inquiry body's decision regarding the penalty.