Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter V : Disciplinary Powers of the Council44. Cognizance by council of conduct of registered persons under certain circumstances |
| (1) | Every registered person who, either before or after registration, has been convicted of any offence by a court of law may be dealt with by the council in terms of the provisions of this Chapter if the council is of the opinion that such offence constitutes improper or disgraceful conduct, or conduct which when regard is had to such person's profession is improper or disgraceful, and shall be liable on proof of the conviction to one or other of the penalties referred to in section 45: Provided that, before imposition of any penalty, such person shall be afforded an opportunity of tendering an explanation to the council in extenuation of the conduct in question. |
| (2) | When in the course of any proceedings before any court of law it appears to the court that there is prima facie proof of improper or disgraceful conduct on the part of a registered person, or of conduct which when regard is had to such person's profession is improper or disgraceful, the court shall direct that a copy of the record of such proceedings, or such portion thereof as is material to the issue, or in the case of the payment by such person of an admission of guilt fine referred to in section 57 of the Criminal Procedure Act, 1977 (Act 51 of 1977), a copy of the summons or written notice in question, shall be transmitted to the council. |
| (3) | The council shall appoint a person, excluding the registrar or a member to institute and conduct before the council proceedings under this Chapter: Provided that if a person so appointed is absent or for any other reason unable to perform his duties, the council may, subject to the provisions of this subsection, appoint any other person to perform, during such absence or incapacity, the duties of such first-mentioned person. |
| (4) | When it appears— |
| (a) | from any disciplinary proceedings held by an employer into the conduct of a person registered in terms of this Act or any institution at which education and training in pharmacy is offered, that there is prima facie evidence of unprofessional conduct on the part of such employee or a student being trained as a pharmacist; |
| (b) | that the registration of a pharmacy student with an education and training institution has been suspended or cancelled, |
then the employer or the institution shall furnish the council with a copy of the record of such proceedings, or such portion thereof that is material to the issue, or notify in writing the council of such suspension or cancellation.
