Nursing Act, 2005 (Act No. 33 of 2005)

Regulations

Regulations Regarding an Appeal Against Decisions of the South African Nursing Council

5. Procedure for appeal hearing
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(1)The chairperson must convene a committee for purposes of hearing the appeal and:
(a)any nurse appointed to serve on the committee must be appropriately qualified to hear the particular case under appeal; and
(b)no member of the appeal committee so appointed may be a member of the committee from which the original decision emanated or may have been involved in the process leading to the decision.

 

(2)After receipt the notice of appeal, the chairperson of the appeal committee shall determine a date, place and time of hearing.

 

(3)The chairperson of the committee shall inform the Appellant and the Council of the date, place and time of the appeal hearing at least fourteen (14) working days before the appeal is heard.

 

(4)The committee may, for the purposes of an appeal lodged with it, subpoena 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 bearing upon the subject of the appeal to appear before it at a time and place specified in the subpoena, to be interrogated or to produce that document, and may retain for examination any document so produced.

 

(5)The chairperson of the committee must determine the procedure to be followed during the appeal hearing and notify the Appellant and the Council of such determined procedure.

 

(6)The chairperson may, for the purposes of an appeal lodged, administer an oath to or accept affirmation from any person called as a witness at the appeal hearing.

 

(7)The parties may address the appeal committee on the merits at the hearing, and thereafter the appeal committee shall deliberate in camera on the matter.

 

(8)The committee must consider the findings, recommendations or decisions of the Council together with any representations made by the Appellant and decide in terms of the provisions of the Act and advise the parties of its findings.

 

(9)Each party shall be responsible for its own costs occasioned by the preparation for and the finalisation of the appeal.