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Natural Scientific Professions Act, 2003 (Act No.27 of 2003)

33. Proceedings after hearing

 

(1) After the conclusion of the hearing the disciplinary tribunal must make a finding on the charge and in the case of a finding of guilty take cognisance of any aggravating or mitigating circumstances.

 

(2) A registered person found guilty of improper conduct in terms of this section may, in mitigation of sentence—
(a) address the disciplinary tribunal; and
(b) call witnesses to give evidence on his or her behalf.

 

(3)
(a) If the registered person charged is found guilty of improper conduct, or if he or she admits that he or she is guilty of the charge, the disciplinary tribunal may—
(i) caution or reprimand the registered person;
(ii) impose on him or her a fine not exceeding the amount calculated according to the ratio for one year's imprisonment determined in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991);
(iii) suspend the registration of the registered person concerned for a period not exceeding one year; or
(iv) cancel the registration of the registered person concerned and remove his or her name from the register referred to in section 11(c).
(b) The disciplinary tribunal may take decisions under more than one of the subparagraphs of paragraph (a) and it may also suspend any of the penalties imposed in terms of that paragraph.

 

(4) Where a person is sentenced under subsection (3) the disciplinary tribunal must inform the person of his or her right of appeal.

 

(5) At the conclusion of the hearing the disciplinary tribunal must notify the Council of its finding.

 

(6) The Council may publish the finding and the penalty or sentence imposed in terms of subsection (3) in any manner it considers fit.

 

 


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