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Traditional Health Practitioners Act, 2004  (Act No. 35 of 2004)

Chapter 3 : Registrar, Staff of Registrar and Registration Procedures

23. Removal from and restoration of name to register

 

(1) The registrar must, on instruction from the Council, remove from the relevant register the name of any person—
(a) who has died;
(b) who has ceased to be a citizen of the Republic and has permanently left the Republic;
(c) who has been absent from the Republic for a continuous period of more than three years;
(d) who has failed to pay any relevant prescribed fee;
(e) who has failed to notify the registrar of any change in residential or postal address or the address of his or her practice within six months after any such change;
(f) who has requested that his or her name be removed from the register, in which case such practitioner may be required to lodge with the registrar an affidavit or affirmation to the effect that no disciplinary or criminal proceedings are pending or are likely to be instituted against him or her;
(g) who has been found guilty of improper or disgraceful conduct in terms of this Act;
(h) whose name has been removed from the register, record or roll of any education and training institution or other body from which he or she received the qualification by virtue of which he or she was registered;
(i) who has been registered through error or fraud;
(j) who has failed to furnish the registrar, within a period to be determined by the Council, with such information as the registrar may require under this Act;
(k) whose registration is proved to the satisfaction of the Council to have been made in error or through fraudulent misrepresentation or concealment of material facts or information or in circumstances not authorised by this Act; or
(l) who, after an assessment was made in the manner contemplated in section 41, has been found to be mentally impaired.

 

(2) The registrar must give notice of the removal of a person’s name from the register in terms of paragraph (b) up to and including paragraph (l) of subsection (1) by registered mail addressed to such person at the address of such person as it appears in the register.

 

(3) From the date on which the notice contemplated in subsection (2) was given—
(a) any registration certificate issued under this Act to the person concerned is considered to have been cancelled; and
(b) a person whose name has been removed from the register must cease to practise as a traditional health practitioner and is precluded from performing any act which he or she, in his or her capacity as a registered person, was entitled to perform,

until such time as his or her name is restored to the register.

 

(4) The registrar must restore the name of a person whose name has in terms of this section been removed from the register if the person concerned—
(a) applies on the prescribed form for restoration of his or her name to the registrar;
(b) pays the prescribed fee, if any;
(c) complies with such other requirements as the Council may, from time to time, determine; and
(d) is otherwise eligible for registration.

 

 


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