Strategic Objectives

VETERINARY AND PARA-VETERINARY PROFESSIONS ACT NO. 19 OF 1982

[ASSENTED TO 16 FEBRUARY, 1982]
[DATE OF COMMENCEMENT: 1 OCTOBER, 1982]

(English text signed by the State President)

as amended by

Veterinary and Para-Veterinary Professions Amendment Act, No. 19 of 1989
Veterinary and Para-Veterinary Professions Amendment Act, No. 13 of 1993

ACT



To provide for the establishment, powers and functions of the South African Veterinary Council; for the registration of persons practising veterinary professions and para-veterinary professions; for control over the practising of veterinary professions and para-veterinary professions; and for matters connected therewith.

1. Definitions

In this Act, unless the context otherwise indicates -

'animal' means any vertebrate other than man;

'corporation' means a close corporation incorporated as such in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);

[Definition of 'corporation' inserted by s. 1 (a) of Act No. 19 of 1989.]

'council' means the council established by section 2;

'Minister' means the Minister of Agriculture;

[Definition of 'Minister' substituted by s. 1 (b) of Act No. 19 of 1989.]

'officer' means an officer as defined in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984);

[Definition of 'officer' substituted by s. 1 (c) of Act No. 19 of 1989.]

'para-veterinary profession' means a profession referred to in a notice under section 21;

'prescribe' means prescribe by regulation;

'registrar' means the Registrar appointed in terms of section 14;

'regulation' means any regulation made under this Act;

'rule' means any rule made by the council under section 30;

'student' means a person who is enrolled at a university or other educational institution in the Republic as a student for a degree, diploma or certificate prescribed under section 20;

'this Act' includes the regulations;

'veterinarian' means any person who is registered or deemed to be registered in terms of this Act to practise the veterinary profession of veterinarian;

'veterinary profession' means the profession of veterinarian or veterinary specialist;

'veterinary specialist' means any person who is registered with a particular speciality in terms of this Act to practise the veterinary profession of veterinary specialist.

 




2. Establishment of South African Veterinary Council

(1) There is hereby established a council to be known as the South African Veterinary Council.

(2) The council shall be a juristic person.

3. Objects of council

The objects of the council shall be -

1. to regulate the practising of the veterinary professions and para-veterinary professions and the registration of persons practising such professions;

2. to determine the minimum standards of tuition and training required for degrees, diplomas and certificates entitling the holders thereof to be registered to practise the veterinary professions and para-veterinary professions;

3. to exercise effective control over the professional conduct of persons practising the veterinary professions and para-veterinary professions;

4. to determine the standards of professional conduct of persons practising the veterinary professions and para-veterinary professions;

5. to encourage and promote efficiency in and responsibility with regard to the practice of the veterinary professions and para-veterinary professions;

6. to protect the interests of the veterinary professions and para-veterinary professions and to deal with any matter relating to such interests;

7. to maintain and enhance the prestige, status and dignity of the veterinary professions and para-veterinary professions and the integrity of persons practising such professions;

8. to advise the Minister in relation to any matter affecting a veterinary profession or a para-veterinary profession.

4. Powers and functions of council

The council may, in order to achieve its objects -

1. acquire or hire movable or immovable property;

2. develop, mortgage, let, sell or otherwise dispose of or burden movable or immovable property of the council;

3. accept, draw, endorse, issue, make, pay or perform any other act in respect of negotiable instruments;

4. spend and invest funds of the council;

5. enter into contracts;

6. exercise or perform any power or function conferred or imposed upon it by or under this Act or any other law;

7. generally take such other steps and perform such other acts as may be necessary for or conducive to the achievement of the objects of the council.

5. Constitution of council

(1) The council shall consist of -

1. two officers designated by the Minister, of whom -

1. one shall be an officer of the Department of Agricultural Economics and Marketing who is a veterinarian or a veterinary specialist; and

[Sub-para. (i) substituted by s. 2 (a) of Act No. 19 of 1989.]

2. one is, after consultation with the Minister of Justice, designated on account of his knowledge of law;

2. a representative of each university in the Republic which has a faculty of veterinary science, which representative shall be a professor or lecturer in veterinary science at such university and shall be designated by the rector or principal of such university;

3. one representative of the South African Veterinary Association, which representative shall be a member of that Association and shall be designated by the said Association;

[Para. (c) substituted by s. 2 (b) of Act No. 19 of 1989.]

4. six persons elected in the prescribed manner by persons registered or deemed to be registered in terms of this Act to practise veterinary professions; and

[Para. (d) substituted by s. 2 (b) of Act No. 19 of 1989.]

5. one representative of each para-veterinary profession, which representative shall be elected in the prescribed manner by persons registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned.

[Sub-s. (1) amended by s. 2 (d) of Act No. 19 of 1989. Para. (e) added by s. 2 (c) of Act No. 19 of 1989.]

(2)

1. Notwithstanding the provisions of subsection (1) the persons who at the commencement of this section are members of the Veterinary Board referred to in section 1 of the Veterinary Act, 1933 (Act No. 16 of 1933), shall constitute the council for a period of six months after such commencement.

2. If any person referred to in paragraph (a) vacates his office before the period mentioned in the said paragraph has expired, the council shall consist of the remaining members for the unexpired portion of that period.

(3) Whenever any designation in terms of subsection (1) (b) or (c) becomes necessary, the registrar shall request the rector or principal concerned or the South African Veterinary Association, as the case may be, in writing to designate within a specified period the person required to be designated in terms of that subsection.

(4) If the rector or principal concerned or the said Association fails to comply with such request within the said period, the Minister may designate any person holding the qualifications necessary for designation and whom he deems fit, to be a member of the council in the place of the person required to be designated in terms of subsection (1) (b) or (c).

(5) If at any time it appears to the Minister that the election of a member of the council did not in all respects take place in the prescribed manner, or that an irregularity occurred with regard to such election, and if he is of the opinion that the ornmission to comply with the prescribed requirements, or the said irregularity, does not justify the annulment of the election, he may, in his discretion, condone such ommission or irregularity, and may, notwithstanding such omission or irregularity, declare the election of a member so elected, to be valid.

6. Qualifications of members of council.

(1) No person shall be designated as a member of the council in terms of section 5 (1) (b) or (c) or elected as a member of the council by virtue of section 5 (1) (d) if -

1. he is not a veterinarian or a veterinary specialist;

2. he is not a South African citizen;

3. he is not permanently resident in the Republic;

4. he is a patient or a President's patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973);

5. his estate has been sequestrated or surrendered or he has entered into a composition with his creditors;

6. he has at any time been convicted of an offence in respect of which he was sentenced to imprisonment without the option of a fine and such sentence was not suspended; or

7. he does not satisfy the prescribed requirements with regard to the election of members of the council.

(1 A)

1. No person shall be elected as a member of the council by virtue of section 5 (1) (e) unless he is registered or deemed to be registered in terms of this Act to practise the para-veterinary profession concerned.

2. The qualifications specified in paragraphs (b), (c), (d), (e), (f) and (g) of subsection (1) shall mutatis mutandis apply to the election of a member of the council by virtue of section 5 (1) (e).

[Sub-s. (1A) inserted by s. 3 of Act No. 19 of 1989.]

(2) No person shall be qualified to be a member of the council if he has been convicted of improper or disgraceful conduct after an inquiry under section 14 of the Veterinary Act, 1933 (Act No. 16 of 1933), or been found guilty of unprofessional, improper of disgraceful conduct after an inquiry under section 31 of this Act.

7. Tenure of office of members of council

A member of the council shall hold office for a period of three years and shall at the expiration of his period of office by effluxion of time be eligible for redesignation or re-election.

8. Vacation of office and filling of vacancies

(1) A member of the council shall vacate his office if -

1. he ceases to comply with the requirements referred to in section 6;

2. he is absent from two consecutive meetings of the council without the permission of the council;

3. he, in the case of a member designated in terms of section 5 (1) (a) -

1. tenders his resignation in writing to the Minister; or

2. ceases to be an officer;

4. he, in the case of a member designated in terms of section 5 (1) (b) -

1. tenders his resignation in writing to the rector or principal of the university in question; or

2. ceases to be a professor or lecturer in veterinary science at the said university;

5. he, in the case of a member designated in terms of section 5 (1) (c) -

1. tenders his resignation in writing to the president of the council; or

2. ceases to be a member of the South African Veterinary Association;

6. he, in the case of a member elected by virtue of section 5 (1) (d) or (e), tenders his resignation in writing to the president of the council; or

[Para. (f) substituted by s. 4 of Act No. 19 of 1989.]

7. the Minister, at the request of or after consultation with the council, in the public interest terminates his membership.

(2) Any vacancy on the council arising from a circumstance referred to in subsection (1) or any vacancy caused by the death of a member shall be filled by designation or election, as the case may be, in the manner in which the member who vacates his office or dies was required to be designated or elected, and any member so designated or elected shall hold office for the unexpired portion of the period for which the member who vacates his office or dies was designated or elected.

9. President and vice-president of council

(1) The persons who at the commencement of this section are the chairman and vice-chairman of the Veterinary Board referred to in section 1 of the Veterinary Act, 1933 (Act No. 16 of 1933), shall be the president and vice-president of the council until a president and vice-president are elected in terms of subsection (2).

(2) At the first meeting of every newly constituted council the members of the council shall elect a president and a vice-president from their number.

(3) If the office of president or vice-president becomes vacant for any reason other than effluxion of time, the members of the council shall, at the first meeting after such vacancy occured or as soon thereafter as may be convenient, elect from their number a new president or vice-president, as the case may be, and the member so elected shall hold office for the unexpired portion of the period for which his predecessor was elected.

(4) No member of the council shall hold the office of president or vice-president for longer than two consecutive terms of office.

(5) If for any reason the president is not able to act, the vice-president shall perform all the duties and exercise all the powers of the president.

(6) The president or vice-president of the council may vacate his office without terminating his membership of the council.

 

 



10. Meetings of council

(1) The council shall meet at least three times every year at such places as the president may determine, and shall in addition hold any special meeting referred to in subsection (2).

(2)

1. A special meeting of the council shall be convened by the president at the written request of the Minister or of at least three members of the council.

2. A special meeting shall be held at such place as the president may determine, within 30 days after the date of receipt of such request by the president.

3. A request referred to in paragraph (a) shall clearly state the purpose for which the meeting in question is to be convened.

(3) The majority of the members of the council shall constitute a quorum for a meeting of the council.

(4) The president, or in his absence the vice-president, of the council shall preside at all meetings of the council at which he is present, and if both the president and the vice-president are absent from any meeting, the members present shall elect one of their number to preside at that meeting, and the person so elected may during that meeting perform all the functions and exercise all the powers of the president.

(5) The person presiding at a meeting of the council shall determine the procedure at the meeting.

(6) The decision of a majority of the members of the council present at any meeting thereof shall constitute the decision of the council: Provided that in the event of an equality of votes the member presiding at that meeting shall have a casting vote in addition to his deliberate vote.

(7) No decision taken by the council or act performed under authority of the council shall be invalid by reason only of an interim vacancy on the council or by reason of the fact that a person who is not entitled to sit as a member of the council sat as a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.

11. Executive committee

(1) There shall be an executive committee of the council consisting of the president and two other members of the council designated by the council.

(2) Subject to the provisions of this Act and the directions of the council, the executive committee may during periods between meetings of the council exercise all the powers and perform all the functions of the council.

(3) The provisions of subsection (2) do not empower the executive committee to set aside or amend any decision of the council.

(4) Any decision taken or act performed by or on the authority of the executive committee shall be of full force and effect, unless it is set aside or amended by the council either of its own accord within one year after such decision or act or at the request, within that year, of a person affected thereby, at any time after such decision or act.

[Sub-s. (4) substituted by s. 1 of Act No. 13 of 1993.]

(5) The provisions of section 10 (3), (5), (6) and (7) shall mutatis mutandis apply to the executive committee.

12. Other committees

(1) The council may from time to time establish such other committees as it may deem necessary to exercise such powers and perform such functions as may from time to time be conferred or imposed upon or delegated to them by the council.

(2) Each such committee shall consist of such number of persons, appointed by the council, as may be determined by the council.

(3) The council shall designate a member of a committee, who shall also be a member of the council, as the chairman of that committee.

(4) The provisions of sections 10 (3), (5), (6) and (7) and 11 (4) shall mutatis mutandis apply to a committee established under this section.

13. Allowances of members of council and committees

(1) Members of the council or of any committee referred to in section 11 or 12 may be paid out of the funds of the council in respect of their services as such members such travelling and subsistence allowances as the council may determine.

(2) Any such allowance so paid to any member who is an officer shall be in accordance with the laws governing his employment by the State.

14. Appointment of registrar and staff

(1) The council shall appoint a Registrar for the purposes of this Act.

(2) Any power conferred upon, function assigned to or duty imposed upon the registrar by or under this Act or any other law, may be exercised, performed or carried out by the registrar personally or by another person appointed by the registrar with the approval of the council, who acts under the delegation, control or direction of the registrar.

(3) The remuneration and other conditions of service of the registrar and any other person referred to in subsection (2) shall be determined by the council.

(4) A person who is not proficient in both official languages shall be not appointed in terms of this section.

(5) The council may with the approval of the Minister and on account of incapacity or neglect of duty reduce the remuneration of, suspend or dismiss the registrar or any other person appointed under subsection (2).

(6) Notwithstanding the provisions of subsection (1), the officer appointed in terms of section 7 (1) of the Veterinary Act, 1933 (Act No. 16 of 1933), who is at the commencement of this section the registrar of veterinarians shall for a period of six months after that commencement be deemed to be the Registrar appointed in terms of subsection (1) of this section, and shall act as such.

15. Funds of council

(1) The funds of the council shall consist of -

1. fines imposed and recovered in terms of this Act;

2. advances referred to in subsection (2);

3. moneys obtained by way of loans raised by the council with the approval of the Minister;

4. any other moneys received by the council in terms of this Act; and

5. any moneys accruing to the council from any other source.

(2)

1. The Minister may, with the concurrence of the Minister of Finance, advance to the council out of moneys appropriated by Parliament such amounts as he may deem necessary in order to enable the council to perform its functions.

2. Any such advance shall be made on such conditions and shall be repayable at such times as the Minister may, with the concurrence of the Minister of Finance, determine.

(3) The council shall use its funds for defraying the expenditure incurred in the achievement of its objects and the performance of its functions under this Act.

(4) The council may invest any unexpended portion of its funds.

16. Bookkeeping and auditing

(1) The council shall cause proper records to be kept of all moneys received or expended by it, of all its assets and liabilities and of all financial transactions entered into by it, and shall as soon as possible after the end of each financial year cause statements of account and a balance sheet to be prepared showing, with all appropriate particulars, the moneys received and the expenditure incurred by it during, and its assets and liabilities at the end of, that financial year.

(2)

1. The records, statements of account and balance sheet referred to in subsection (1) shall be audited by a person registered as an accountant and auditor under the Public Accountants and Auditors Act, 1951 (Act No. 51 of 1951), and appointed by the council.

2. Copies of such documents so audited shall be open for inspection at the office of the council during office hours by persons who are registered or deemed to be registered in terms of this Act.

17. Reports by council

(1) The council shall within six months after the close of a financial year submit a report to the Minister on its activities during that financial year.

(2) Copies of such report -

1. shall be laid upon the Tables by the Minister in Parliament within fourteen days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session;

[Para. (a) substituted by s. 5 of Act No. 19 of 1989.]

2. shall be open for inspection by the public at the office of the council during office hours; and

3. shall be obtainable at the office of the council on payment of such amount as may be determined therefor by the council.

18. Keeping of registers

(1)

1. The registrar shall keep registers in respect of all persons whose applications for registration in terms of this Act to practise veterinary professions of para-veterinary professions have been approved by the council.

2. A separate register shall be kept in respect of all persons belonging to a group whose applications for registration in terms of this Act to practice a particular veterinary profession or para-veterinary profession have been approved by the council.

3. The registrar shall enter in the appropriate register the prescribed particulars regarding every such person.

(2) The registers kept in terms of section 7 (2) of the Veterinary Act, 1933 (Act No. 16 of 1933), shall be incorporated with and form part of the registers to be kept in terms of subsection (1) of this section.

(3) The registrar shall from time to time, by order of the council -

1. publish a list showing the particulars determined by the council, of the entries in every register to be kept in terms of subsection (1); and

2. publish a supplementary list showing the particulars determined by the council, of the additions, alterations and deletions entered in each such register since the publication of the preceding list in terms of paragraph (a) or the preceding supplementary list in terms of this paragraph.

(4) The latest issue of a list which was printed and published in terms of section 7 (3) of the Veterinary Act, 1933, shall, until it is substituted by a list in terms of subsection (3) (a), be deemed to be a list published in terms of the latter subsection.

(5) Copies of any list or supplementary list published in terms of subsection (3) shall be obtainable from the registrar on payment of such amount as may be determined therefor by the council.

(6) Any certificate in respect of particulars entered in a register in respect of any person in terms of this section, shall only be issued by the registrar on payment of such amount as may be determined therefor by the council.

19. Register to be proof

(1) Any document purporting to be an extract from any register referred to in section 18 (1) and signed by the registrar shall on production thereof in any proceedings be admissible as evidence and be prima facie proof of the facts recorded therein.

(2) A certificate purporting to be signed by the registrar and in which it is certified that the name of a person mentioned therein does not appear in any such register, shall be prima facie proof of the fact that such person is not registered or deemed to be registered in terms of this Act.

20. Qualifications for registration in terms of Act

(1)

1. The Minister may from time to time on the recommendation of the council prescribe the degrees, diplomas and certificates, granted after examination by a university or other educational institution, which shall entitle the holders thereof to registration in terms of this Act to practise veterinary professions or para-veterinary professions.

2. Different degrees, diplomas or certificates may be so prescribed in respect of different veterinary professions or para-veterinary professions.

(2)

1. Every university or other educational institution in the Republic granting degrees, diplomas or certificates which are prescribed in terms of subsection (1) shall furnish the council -

1. annually at the prescribed time with the prescribed particulars relating to the students who are enrolled there for such degrees, diplomas or certificates;

2. at its request with full particulars as to the minimum age and standard of general education required of students, the courses of study, training and examinations required of students before such degrees, diplomas or certificates are granted, the results of such examinations conducted by it, and such other particulars regarding any matter mentioned in this subparagraph as the council may require.

2. If the council deems it expedient, it may designate a person to be present when the examinations for such degree, diploma or certificate are conducted.

3. A person so designated by the council -

1. may at all reasonable times enter upon the premises of a university or other educational institution concerned in order to be present when the examinations concerned are conducted;

2. shall be afforded all reasonable assistance required by him to enable him to be present when the examinations concerned are conducted; and

3. shall report his findings to the council.

4. The prescribing under subsection (1) of a degree, diploma or certificate granted after examination by a university or other educational institution in the Republic may be withdrawn by the Minister by regulation on the recommendation of the council if -

1. the university or other educational institution concerned fails or refuses to furnish any particulars requested by the council in terms of paragraph (a) (ii); or

2. the council is of opinion that the courses of study, training or examinations required of students before the degree, diploma or certificate concerned is granted, no longer justify the prescribing of that degree, diploma or certificate.

(3) A recommendation in terms of subsection (1) in respect of a degree, diploma or certificate granted after examination by a university or other educational institution situated outside the Republic shall only be furnished by the council if -

1. any such degree, diploma or certificate entitles the holder thereof to practise a corresponding veterinary profession or para-veterinary profession, as the case may be, in the country in which such university or other educational institution is situated;

2. by the laws of that country a person holding a corresponding degree, diploma or certificate prescribed under subsection (1) and granted after examination by a university or other educational institution situated in the Republic is qualified without further examination to practise a veterinary profession or a para-veterinary profession, as the case may be, in that country; and

3. the council is satisfied that possession of any such degree, diploma or certificate indicates a standard of knowledge not lower than that required for the acquisition of a corresponding degree, diploma or certificate granted after examination by any university or other educational institution situated in the Republic and prescribed under subsection (1).

(4) Any degree, diploma or certificate granted by a university or other educational institution in the Republic and which entitles, under section 8 of the Veterinary Act, 1933 (Act No. 16 of 1933), the holder thereof to be registered under that Act, shall be deemed to be prescribed under subsection (1) of this section.

(5)

1. Notwithstanding the provisions of subsection (1), the council may accept a degree, diploma or certificate not prescribed under that subsection, for the purposes of the registration of the holder thereof in terms of this Act to practise a veterinary profession or a para-veterinary profession, as the case may be.

2. A degree, diploma or certificate shall only be so accepted if -

1. the council is satisfied that the person concerned has sufficient knowledge and experience to enable him to practise the profession concerned in the Republic, for which purpose such person, except if the council expressly determines otherwise, shall pass an examination determined by the council;

2. in the case of the contemplated registration as a veterinary specialist, it is a post-graduate qualification connected with the speciality in respect of which registration is desired.

3. An examination referred to in paragraph (b) (i) shall only be conducted after payment of such amount as may be determined by the council.

4. The acceptance of a degree, diploma or certificate in terms of paragraph (a) in respect of a particular person -

1. shall not necessarily imply that it could be prescribed under subsection (1) or that, if obtained by any other person, it could also be accepted for the purposes of the registration in terms of this Act of such other person;

2. shall be subject to such conditions as the council may in each case determine.

5. The council shall annually in the report referred to in section 17 specify the degrees, diplomas or certificates which during the year concerned were accepted in terms of this subsection, as well as the conditions subject to which they were so accepted.

21. Para-veterinary professions

(1) The Minister may on the recommendation of the council by notice in the Gazette declare the provisions of this Act applicable to any profession which has as its object the rendering of services supplementing the services which in terms of the rules are deemed to pertain specially to a veterinary profession.

(2) Different notices referred to in subsection (1) may be so published in the Gazette in respect of different professions.

 

 

SAVC Login

Links to African Council websites

Veterinary Statutory Bodies in Africa
http://www.rr-africa.oie.int/en/RC/en_vsbs.html

Veterinary Council of Namibia
http://www.van.org.na/section.php?secid=10

Veterinary Council of Zimbabwe (department of livestock and veterinary services)
http://www.dlvs.gov.zw/

Kenya Veterinary Board
http://kenyavetboard.org/

Veterinary Council of Tanzania
http://www.mifugouvuvi.go.tz/vertinary-council-of-tanzania/

Botswana Veterinary Association
http://www.bva.org.bw/bva_content.php?id=2