Nursing Act, 2005 (Act No. 33 of 2005)Chapter 5 : General and Supplementary Provisions57. Appeal against decisions of Council |
| (1) | A person aggrieved by a decision of the Council may within the prescribed period and in the prescribed manner appeal against such decision to an appeal committee contemplated in subsection (2) and appointed by the Minister. |
| (2) | The appeal committee referred to in subsection (1) consists of— |
| (a) | a retired judge or magistrate or an advocate or attorney of the High Court of South Africa who has practised as such for a period of at least five years, and who must be the chairperson of such committee; and |
| (b) | a nurse. |
| (3) | An appeal under subsection (1) must be heard on the date, place and time fixed by the appeal committee. |
| (4) | The appeal committee must ensure that the appellant as well as the Council are informed of the date, place and time contemplated in subsection (3) at least 14 days before such appeal is heard. |
| (5) | The appeal committee may for the purposes of an appeal lodged with it— |
| (a) | summon any person who, in its opinion, may be able to give material information concerning the subject of the appeal or who it believes has in his or her possession or custody or under his or her control any document which has any bearing upon the subject of the appeal to appear before it at a time and place specified in the summons, to be interrogated or to produce that document, and may retain for examination any document so produced; and |
| (b) | administer an oath to or accept affirmation from any person called as a witness at the appeal. |
| (6) | The chairperson of the appeal committee must determine the procedure to be followed during the appeal hearing and notify the appellant and the Council of such determined procedure. |
| (7) | The appeal committee may after hearing the appeal— |
| (a) | confirm, set aside or vary the relevant decision of the Council; and |
| (b) | direct the Council to execute the decision of the appeal committee in that regard. |
| (8) |
| (a) | The decision of the appeal committee must be in writing, and a copy must be furnished to the appellant as well as to the Council. |
| (b) | The decision of the appeal committee contemplated in paragraph (a) must be conveyed to the appellant and the Council within 14 days of the decision being reached. |
| (9) | The members of the appeal committee who are not in the full-time employment of the State may be paid such remuneration and allowances as the Minister may determine with the concurrence of the Minister of Finance. |