Protection of Businesses Act, 1978
R 385
Traditional Health Practitioners Act, 2004 (Act No. 35 of 2004)Chapter 4 : Disciplinary Inquiries and Investigations by Council35. Postponement of imposition of penalty and suspension of penalty or part thereof |
| (1) | Where a person has been found guilty of any conduct contemplated in section 30, the Council may— |
| (a) | postpone the imposition of a penalty for such period and on such conditions as it determines; or |
| (b) | impose any penalty contemplated in section 34(1)(b), (c) or (d), but order the execution of such penalty or any part thereof to be suspended for such period and on such conditions as it determines. |
| (2) | If, at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), the Council is satisfied that the practitioner concerned has observed all the relevant conditions, the Council must inform such practitioner that the penalty contemplated in section 34 will not be imposed upon him or her. |
| (3) | If the execution of the penalty or any part thereof has been suspended in terms of subsection (1)(b) and the Council is satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the Council must inform that practitioner that the penalty contemplated in section 34 will not be executed. |
| (4) | If the execution of a penalty or any part thereof has been suspended in terms of subsection (1)(b) and the practitioner concerned fails to comply with one or more of the conditions of suspension, the Council must put such penalty or part thereof into operation unless the practitioner satisfies the Council that the failure to comply with the conditions concerned was due to circumstances beyond his or her control. |
