Social Service Professions Act, 1978 (Act No. 110 of 1978)Chapter III : Disciplinary Powers of the Council21. Inquiry by council into alleged unprofessional or improper conduct |
| (1) | The council may inquire into alleged unprofessional or improper conduct on the part of a social worker, student social worker, social auxiliary worker or person practising another profession in respect of which a professional board has been established, and such inquiry shall not be restricted to the acts or omissions contemplated in section 27(1)(b). |
[Section 21(1) substituted by section 17 of Act No. 102 of 1998]
| (2) | The council may, for the purposes of such inquiry— |
| (a) | summon in the prescribed manner any person who, in the opinion of the council, is able to furnish information of material importance to the inquiry, or who the council has reason to believe has in his possession or custody or under his control, any book, document or record relating to the subject of the inquiry, to appear at a time and place specified in the summons to be examined or to produce such book, document or record and may retain for examination any book, document or record so produced; |
| (b) | through the person presiding at the inquiry, administer an oath to, or accept an affirmation from, any person present at the inquiry, and examine him or cause him to be examined by a person designated by the council to lead the evidence at the inquiry, and instruct him to produce any book, document or record in his possession, custody or control. |
| (3) | A summons referred to in subsection (2) shall contain the prescribed information and shall be served in the prescribed manner, and the provisions of section 51(2) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), shall apply mutatis mutandis in respect of any person on whom such summons has been so served. |
| (4) | The law relating to privilege, as applicable to a witness summoned to give evidence or to produce a book, document or record, in a civil trial before a court of law, shall mutatis mutandis apply in relation to the examination of or the production of any book, document or record by any person summoned in terms of this section. |
| (4A) | If the record of the proceedings before any court of law is relevant in any inquiry in terms of this section, such record shall upon the mere production thereof be prima facie proof of the facts stated therein. |
[Section 21(4A) inserted by section 12 of Act No. 48 of 1989]
| (5) | If the conduct which forms the subject of any inquiry referred to in subsection (1), forms or is likely to form the subject of any criminal or civil proceedings in a court of law, the council may postpone the inquiry until such proceedings have been concluded. |
| (6) | Any person against whom an inquiry is instituted under this Chapter, shall be entitled either in person or through his legal representative to answer the charge and to be heard in his defence. |
| (7) | The council may generally or in any specified case appoint a committee in the prescribed manner to exercise and perform all powers and functions of the council under this Chapter, and if the council so appoints a committee, the said powers and functions shall be deemed to have been delegated to or imposed upon the committee. |
[Section 21(7) substituted by section 12 of Act No. 48 of 1989]
| (8) | Any person who, having been duly sworn or having made an affirmation, tenders false evidence at an inquiry held under this Chapter, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties which may lawfully be imposed for the offence of perjury. |