S.L. 464.20 Art. 11Commencement of disciplinary proceedings before the Disciplinary Committee.

(1) When the relevant Council deems the representations submitted by the health care professional concerned in accordance with regulation 10(5) to be insufficient, or if the health care professional makes no representations, the relevant Council shall file an application before the Disciplinary Committee requesting the commencement of disciplinary proceedings against the health care professional clearly stating the facts established by it, the charge and the allegations against the health care professional, together with a request to the Disciplinary Committee to declare professional misconduct or breach of ethics or unfitness on grounds of infirmity and to take action in terms of the provisions of the Act and these regulations.

(2) Consequent to the relevant Council’s decision, the Registrar shall inform the complainant and the aggrieved party as the case may be, of the decision of the relevant Council within thirty (30) working days from the date of issuance of the charge.

(3) Upon filing an application in accordance with sub-regulation (1), the relevant Council shall together with the application, submit to the Disciplinary Committee the following information and documents:

(a) the contact details of the health care professional to whom the charge refers;

(b) where applicable, a copy of the complaint in accordance with regulation 10(1)(b), and any declaration of the complainant in terms of the proviso to regulation 10(3);

(c) a report on its investigation together with the charge and all supporting documents that are relevant to the hearing of the case and which are in the possession of the relevant Council;

(d) a list of witnesses to be heard in front of the Disciplinary Committee, provided that any person assisting the health care professional concerned may not be called as a witness in the same disciplinary proceedings;

(e) any other item that the relevant Council deems relevant to the hearing of the case.