| (a) |
a reprimand or a caution; |
| (b) |
suspension of his registration for a specific period on the conditions determined by the council; |
| (c) |
the cancellation of his registration; or |
| (d) |
a fine not exceeding R5 000. |
[Section 22(1)(d) substituted by section 18 of Act No. 102 of 1998]
| (a) |
If the council finds a person guilty in terms of subsection (1) it may— |
| (i) |
postpone the imposition of a penalty for such period and on such conditions as it may determine; or |
| (ii) |
impose any penalty referred to in subsection (1)(b) or (c), but order that the execution thereof be suspended for such period and on such conditions as the council may determine. |
| (i) |
If at the end of the period for which the imposition of a penalty has been postponed in terms of paragraph (a)(i), the council is satisfied that the person concerned has complied with all the relevant conditions, the council shall inform him that no penalty will be imposed upon him. |
| (ii) |
If any person in respect of whom the imposition of a penalty was postponed under paragraph (a)(i), fails to comply with any of the conditions imposed upon him in terms of that provision and the council is satisfied that the non-compliance with the conditions was not due to circumstances beyond that person’s control, the council may impose any of the penalties referred to in subsection (1) as if the imposition of the penalty had never been postponed. |
[Section 22(1A)(ii) substituted by section 13 of Act No. 22 of 1993]
| (c) |
If the execution of a penalty has been suspended in terms of paragraph (a)(ii) and— |
| (i) |
the council is satisfied that the person concerned has complied with all the relevant conditions throughout the period of suspension, the council shall inform him that the execution of the penalty will not be put into operation; |
| (ii) |
the person concerned fails to comply with any of the conditions of suspension, the council shall put the penalty imposed into operation unless such person satisfies the council that the non-compliance with the condition in question was due to circumstances beyond his control. |
[Section 22(1A) inserted by section 13 of Act No. 48 of 1989]
| (2) |
Subject to the other provisions of this Chapter the registrar shall— |
| (a) |
remove from the register concerned the name of any person whose registration has been cancelled under subsection (1)(c); |
| (b) |
record in the register concerned against the name of such person the particulars of any penalties imposed on him in terms of paragraph (a), (b) or (d) of subsection (1); |
[Section 22(2)(b) substituted by section 13 of Act No. 22 of 1993]
| (c) |
issue the prescribed notices in respect of any person found guilty of unprofessional or improper conduct under this Chapter. |
| (3) |
Any person whose registration has been suspended in terms of this Act, shall for the period of such suspension be deemed not to be so registered. |
| (4) |
Subject to the provisions of sections 17(1), 17A(1), 18(1), 18A(1), and 18B(1), the council may, after the expiration of such period as the council in each case may determine, again register as a social worker, student social worker, social auxiliary worker or person practising another profession in respect of which a professional board has been established, as the case may be, any person whose registration has been cancelled under this Act. |
[Section 22(4) substituted by section 18 of Act No. 102 of 1998]
| (5) |
The council may, at any time before the expiration of the period for which any registration has been suspended under this Act, on application in the prescribed manner, for sound reasons and on such conditions as the council may think fit, terminate such suspension. |
| (6) |
If a person registered under this Act (in this section referred to as the accused) is alleged to be guilty of unprofessional or improper conduct and the council on reasonable grounds is of the opinion that after inquiry the accused may be found guilty of such conduct as is contemplated in subsection (1) and that in respect thereof it would impose a find not exceeding R200, the council may issue an appropriate summons on the prescribed form against the accused carrying an endorsement by the council that the accused may admit that he is guilty of the said conduct and that he may pay the fine, not exceeding R200, specified in the summons, without having to appear at an inquiry in terms of section 21. |
[Section 22(6) inserted by section 13 of Act No. 22 of 1993]
| (7) |
If a summons is in terms of subsection (6) issued against an accused, he may, without appearing at an inquiry in terms of section 21, admit that he is guilty of the conduct mentioned in subsection (6) by paying the specified fine (in this section referred to as the admission of guilt fine) to the council on or before the date specified in the summons. |
[Section 22(7) inserted by section 13 of Act No. 22 of 1993]
| (a) |
Any penalty imposed under this section, excluding an admission of guilt fine, shall be paid to the council within 14 days after the imposition thereof. |
| (b) |
The imposition of a fine under this section shall have the effect of a judgment in civil proceedings in the magistrate’s court of the district in which the inquiry in question under section 21 took place. |
[Section 22(8) inserted by section 13 of Act No. 22 of 1993]
Stamp Duties Act, 1968 (Act 77 of 1968)
