On receipt of a directive referred in regulation 10(6) the Registrar must issue a notice to the Respondent—
| (a) |
state the date, time and venue of the inquiry; |
| (b) |
indicate the physical or mental condition by reason of which it is alleged that he or she is unfit to practice; |
| (c) |
contain the decision of the preliminary assessment meeting, a copy of the finding or provisional suspension previously made, and the reasons for making that decision; |
| (d) |
inform the Respondent of his or her right to attend, and to be represented by a legal practitioner, medical adviser or union representative and to be accompanied by a family member or friend at the enquiry; |
| (e) |
inform the Respondent that if he or she fails to present himself or herself before the Impairment Committee at the place and on the date and time determined by the Registrar in the notice, the Impairment Committee may proceed with the inquiry in his or her absence; |
| (f) |
inform the Respondent of his or her right to provide evidence in support of his or her case, including medical reports from her medical practitioners; |
| (g) |
inform the Respondent of his or her right to call witnesses, and to cross examine any witnesses called by the Impairment Committee; |
| (h) |
be accompanied by a copy of these regulations where they have not previously been sent to the Respondent; |
| (i) |
advise the Respondent of the findings that the Impairment Committee can make in terms of fitness to practice or limitations. |
| (2) |
The chairperson may appoint one or more assessors to the Impairment Committee to advise on any relevant clinical matter. |
| (3) |
Before commencement of the inquiry by the Impairment Committee, the registrar must furnish each member of the Impairment Committee and the Respondent copies of the notice of enquiry and all documents referred to in regulations 4 and 8, and all medical reports and any observations or other documents submitted by the Respondent. |
| (4) |
The pro forma complainant must read the notice addressed to the Respondent. |
| (5) |
Where the Respondent or his or her representative is not present at the inquiry after having been duly informed and without having notified the Registrar at least seven days before the commencement of the inquiry, the inquiry shall proceed in the absence of the Respondent. |
| (6) |
Where the Respondent is present or represented the chairperson of the Impairment Committee must enquire from the Respondent or his or her representative whether they admit or deny the allegations contained in the notice. |
| (7) |
In cases where the Respondent admits the allegations and that his or her fitness to practise is impaired, and the Impairment Committee is of the opinion that further information is required for purposes of making a finding as to whether the complaint renders the Respondent unfit to practice, the Impairment Committee may call any witness summoned before the Impairment Committee by the pro forma complainant or the Respondent to give oral evidence under oath and may accept such documentary evidence relevant to the complaint as it deems necessary, before making a finding that the Respondent is unfit to practise. |
| (8) |
Any person called to give evidence must take an oath or make an affirmation before giving evidence at the enquiry. |
| (9) |
After all evidence has been adduced, the pro forma complainant and the Respondent or his or her legal representative may address the Impairment Committee on the evidence and the legal position. |
| (10) |
In coming to a decision the Impairment Committee shall consider the reports, written statements, other documents circulated to members in accordance with sub-regulation 4, oral representations made and question any person present called to give evidence or who has submitted a report. |
Stamp Duties Act, 1968 (Act 77 of 1968)
