Regulations

22. Students to be registered

Every student, other than a student who is a veterinarian or veterinary specialist, shall be registered in terms of this Act.

23. Unregistered persons shall not practise veterinary or para-veterinary professions

(1)

1. No person shall in any manner whatsoever practise a veterinary profession or a para-veterinary profession unless he is registered or deemed to be registered in terms of this Act to practise the profession concerned.

2. A student who is registered in terms of this Act and undergoes practical training may render a particular service deemed in terms of the rules to pertain specially to a veterinary profession or a para-veterinary profession, if it is so rendered under the supervision and by direction of a person who is registered or deemed to be registered in terms of this Act to practise the profession concerned.

3. The council may, after consideration of an application by a person not registered or deemed to be registered in terms of this Act, authorize him in writing to render, subject to such conditions as the council may determine, for gain a particular service deemed in terms of the rules to pertain specially to a veterinary profession or a para-veterinary profession.

[Sub-s. (1) substituted by s. 6 (a) of Act No. 19 of 1989. Para. (c) substituted by s. 2 (a) of Act No. 13 of 1993.]

(2) For the purposes of this Act the practising of a veterinary profession means -

1. for gain, directly or indirectly, whether for own account or within the scope of employment with any employer, including the State -

1. supplying or selling any veterinary medicine as defined in section 1 of the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965), in connection with an animal; or

2. rendering any service which in terms of the rules is deemed to pertain specially to a veterinary profession;

[Para. (a) amended by s. 6 (b) of Act No. 19 of 1989.]

2. holding oneself out as or purporting to be a person practising a veterinary profession or purporting to be registered in terms of this Act or the Veterinary Act, 1933 (Act No. 16 of 1933), to practise a veterinary profession;

3. using a designation which is reserved in terms of this Act for allocation to persons who are registered or deemed to be registered in terms of this Act, or any other name, title, description, addition or symbol indicating or purporting or creating the impression, or calculated to create the impression, that a person practises a veterinary profession, or is registered or deemed to be registered in terms of this Act, or is otherwise lawfully entitled to practise a veterinary profession; or

4. performing any act which has as its purpose diagnosing, treating or preventing any pathological condition in any animal or which constitutes a surgical operation on any animal and is deemed in terms of the rules to pertain specially to a veterinary profession.

[Para. (d) substituted by s. 2 (b) of Act No. 13 of 1993.]

(3) For the purposes of this Act any reference in subsection (2) (a) (ii), (b) or (c) to a veterinary profession shall be deemed also to be a reference to a para-veterinary profession.

[Sub-s. (3) substituted by s. 2 (c) of Act No. 13 of 1993.]

(4) The provisions of subsection (2) do not prohibit a pharmacist registered under the Pharmacy Act, 1974 (Act No. 53 of 1974), from performing any act falling within the scope of his profession as contemplated in that Act or the Medicines and Related Substances Control Act, 1965.

24. Requirements for registration

(1) Subject to the provisions of subsection (1A), a person may be registered in terms of this Act to practise a veterinary profession or a para-veterinary profession if -

1. in the case of a natural person, that person is the holder of an appropriate degree, diploma or certificate prescribed or accepted under section 20; or

2. in the case of a juristic person, that juristic person is a corporation.

[Sub-s. (1) substituted by s. 7 (a) of Act No. 19 of 1989.]

(1A)

1. If a period of more than three years has elapsed -

1. from the date on which the degree, diploma or certificate, contemplated in subsection (1) was granted to a person, up to the date on which such person applies for registration in terms of section 25 for the first time; or

2. from the date on which the registration of a person is terminated in terms of section 28 (1), up to the date on which such person applied for the reinstatement of his registration in terms of section 28 (5),

the council may determine that such person shall be registered as contemplated in subsection (1) only if he has passed an examination determined by the council.

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

[Sub-s. (1A) inserted by s. 7 (b) of Act No. 19 of 1989.]

(2) Notwithstanding anything to the contrary contained in this Act, a person who is not the holder of a degree, diploma or certificate prescribed under section 20, may be registered to practise any para-veterinary profession if -

1. the person concerned submits his application for such registration to the registrar in the prescribed manner within six months from the date on which a notice relating to the para-veterinary profession concerned was published under section 21;

2. such application is accompanied by documentary proof which satisfies the council that the person concerned practised the para-veterinary profession concerned for a continuous period of at least five years prior to the date of publication of the notice concerned, and is wholly or mainly dependent on the practice thereof for his livelihood; and

3. the person concerned has passed an examination determined by the council.

(3) Notwithstanding the provisions of subsections (1) and (2) a person shall not be registered in terms of this Act if -

1. he has at any time been removed from an office of trust on account of improper conduct;

2. he has at any time been convicted of extortion, bribery, theft, fraud, forgery or uttering of a forged document or perjury, and was sentenced in respect thereof to imprisonment without the option of a fine;

3. 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); or

4. his registration has been withdrawn under section 33 (1) (d), unless the council directs otherwise in a particular case.

(4) Notwithstanding the provisions of subsection (1) a corporation shall be registered in terms of this Act only if -

1. the principal business of that corporation is the practising of a veterinary profession or a para-veterinary profession, as the case may be;

2. that corporation has nominated one of its members as the manager thereof for the purposes of this Act;

3. the manager which has been so nominated -

1. resides in the Republic; and

2. is a person who is registered in terms of this Act to practise a veterinary profession or the para-veterinary profession concerned, as the case may be;

4. the members' interest in that corporation are held, subject to the provisions of section 28 (1A) (a), solely by natural persons who are registered in terms of this Act to practise a veterinary profession or the para-veterinary profession concerned, as the case may be.

[Sub-s. (4) added by s. 7 (c) of Act No. 19 of 1989.]

25. Registration of persons

(1)

1. A person desiring registration in terms of this Act -

1. on account of his enrolment as a student; or

2. in order to practise for gain, directly or indirectly, in any way whatsoever, a veterinary profession or a para-veterinary profession,

shall apply to the council therefor in the prescribed manner and at the prescribed time, and such application shall be accompanied by the application fee prescribed for the kind of registration required, as well as such documents as may be prescribed.

2. The council may direct an applicant to submit such further documentary evidence regarding identity, good character, education and experience as it may require in order to consider such application.

(2) If the council, after consideration of an application in terms of subsection (1) and after such investigation and inquiry as it may deem necessary, is satisfied that the applicant concerned may be registered in terms of this Act, it shall approve such application, and the registrar shall thereupon register the applicant by -

1. issuing an appropriate certificate of registration to him; and

2. entering the prescribed particulars in respect of him in the appropriate register.

(3)

1. The said registration of any person is subject to the provisions of this Act and such further conditions as the council may in each case determine.

2. Such conditions may -

1. relate to the kind of work which a person who is registered in terms of this Act may perform;

2. include requirements which have to be complied with in the practice of the profession concerned.

(4) If the council refuses to approve an application, the applicant concerned shall be notified in writing of such decision and of the grounds on which it is based.

(5) Except if the council directs otherwise in a particular case, a person shall not be registered in terms of this Act to practise more than one para-veterinary profession simultaneously or, in the case of a veterinary specialist, with more than one speciality.

[Sub-s. (5) substituted by s. 8 of Act No. 19 of 1989]

(6)

1. If a person is registered by virtue of a degree, diploma or certificate which is accepted in terms of section 20 (5), and such person is resident in the Republic but is not a South African citizen, his registration shall lapse seven years, or such further period as the council may in a particular case determine, after the date on which a certificate of registration was issued to him in terms of subsection (2), unless he becomes a South African citizen before the date on which his registration is so to lapse.

2. A person whose registration has lapsed as contemplated in paragraph (a), shall not again be registered in terms of this Act before he is a South African citizen.

(7)

1. Any person registered as a veterinarian or a veterinary nurse in terms of the Veterinary Act, 1933 (Act No. 16 of 1933), on the date of commencement of this section, shall be deemed to be registered in terms of this Act to practise the veterinary profession of veterinarian or the para-veterinary profession of veterinary nurse, respectively.

2. Such continued registration shall be subject to -

1. compliance with the conditions (if any) imposed by the Veterinary Board referred to in the Veterinary Act, 1933, in terms of section 13A (2) of that Act; and

2. payment to the council of an amount of R50 within 90 days of the date of commencement of this section.

(8) A person who is registered or deemed to be registered in terms of this Act to practise a veterinary profession or a para-veterinary profession shall, in the practice of his profession, only state particulars of those degrees, diplomas or certificates entered opposite his name in the appropriate register.

26. Maintenance of registration.

(1) Any person who is registered or deemed to be registered in terms of section 25 may, subject to the earlier termination or withdrawal thereof under this Act, maintain such registration by paying annually to the council at the prescribed time the prescribed maintenance fee concerned, irrespective of whether that registration has been suspended under this Act for a particular period.

(2) Notwithstanding the provisions of subsection (1), the council may as it deems fit and subject to such conditions as it may in each case determine, exempt any person or category of persons from payment of the whole or a portion of the prescribed maintenance fee concerned.

27. Alteration of registration

(1) Any person who is registered or deemed to be registered in terms of this Act to practise a particular veterinary profession or para-veterinary profession, or a veterinary specialist so registered with a particular speciality, may apply to the council in the prescribed manner for the alteration of the said veterinary profession or para-veterinary profession or speciality, as the case may be.

(2)

1. Any such application shall be accompanied by the prescribed application fee concerned for the kind of alteration desired, as well as by such documents as may be prescribed.

2. A veterinarian whose registration as such is maintained in terms of section 25 (7), shall be exempt from payment of the prescribed application fee concerned if an application for the alteration of his registration as such to that of veterinary specialist is submitted to the council within six months of the date of commencement of this section.

(3) The provisions of section 25 (1) (b), (2), (3) and (4) apply mutatis mutandis in respect of an application referred to in subsection (1) of this section.

28. Termination of registration.

(1) The registration of a person who is registered or deemed to be registered in terms of this Act, is terminated if -

1. in the case of a student, he is no longer enrolled for a degree, diploma or certificate which is prescribed under section 20;

2. he has failed to furnish the registrar with the address of his permanent residence and his permanent postal address within three months after the date of a written request by the registrar, addressed to his permanent postal address as entered in the appropriate register;

3. he fails to pay the prescribed fee for the maintenance of his registration within three months after the date of a written request by the registrar, addressed to his permanent postal address as entered in the appropriate register;

4. he has been absent from the Republic for a continuous period of more than three years without having notified the council thereof in writing: Provided that this provision does not apply to a person residing in a state the territory of which formed part of the Republic and which became an independent state in terms of an Act of Parliament;

4. (A) in the case of a corporation -

1. that corporation ceases to exist; or

2. the provisions of section 24 (4) are no longer complied with;

[Para. (dA) inserted by s. 9 (a) of Act No. 19 of 1989.]

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

6. in the case of any person referred to in section 25 (6), the period contemplated in that section expired before he became a South African citizen;

7. he has so requested in writing and no steps in terms of section 31, 32 or 33 are pending or contemplated or will probably be instituted against him;

8. he has obtained his registration fraudulently; or

9. he has been registered in error.

(1A)

1. For the purposes of this Act the member's interest of a person in a corporation may, at his death or at the termination, withdrawal or suspension of his registration in terms of this Act, be held by his estate or by himself, as the case may be, for a period of 12 months from his death or the termination, withdrawal or suspension of his registration, or for such longer period as the council may on application determine.

2. No voting rights shall attach to a member's interest held by an estate or a person in terms of paragraph (a) except in respect of a resolution enabling the corporation to comply with the provisions of section 24 (4), or to dispose of its undertaking or assets or any part thereof.

[Sub-s. (1A) inserted by s. 9 (b) of Act No. 19 of 1989.]

(2) If the registration of any person is so terminated, the registrar shall -

1. inform the person concerned thereof by means of a written notice addressed to his permanent postal address as entered in the appropriate register; and

2. delete the particulars entered in respect of such person in the appropriate register.

(3) A person whose registration is so terminated shall return his certificate of registration to the registrar within 30 days of the date of a notice referred to in subsection (2) (a).

(4) If -

1. it appears to the judge referred to in section 19 of the Mental Health Act, 1973, from the documents submitted to him in terms of section 18 (3) of that Act, or it is brought to the notice of such judge in any other manner, that the person to whom the documents relate is a person registered or deemed to be registered in terms of this Act, and such person is declared a mentally ill person as contemplated in section 19 (1) (b) of that Act; or

2. it is brought to the notice of a court that an accused person appearing before it is registered or deemed to be registered in terms of this Act, and the court in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), directs that the accused person be detained pending the signification of the decision of the State President,

the judge or court shall direct that a copy of the order declaring the person concerned a mentally ill person, or, as the case may be, a copy of the direction that the accused person be detained pending the signification of the decision of the State President, be transmitted to the council.

(5) An application for reinstatement of registration shall be submitted and further dealt with in the manner contemplated in section 25.

29. Allocation of designations

(1) The Minister may prescribe the designations which are reserved for allocation to persons registered or deemed to be registered in terms of this Act to practise veterinary professions or para-veterinary professions.

(2) A person so registered or deemed to be so registered shall only employ the appropriate prescribed designation for himself in the practice of his profession.

30. Rules

(1) The council may make rules as to -

1. the services which shall for the purposes of this Act be deemed to be services pertaining specially to a veterinary profession or a para-veterinary profession;

2. the course of conduct to be followed by students;

3. the course of conduct to be followed by persons practising a veterinary profession or a para-veterinary profession;

4. requirements to be complied with in connection with the advertising of the practice of a person practising a veterinary profession or a para-veterinary profession, including requirements relating to name-plates and signboards, speeches, lectures and interviews, publications in the lay press and printing on letterheads and prescription and account forms;

5. the minimum standards for consulting rooms, clinics, animal hospitals or other places at or from which a veterinary profession or a para-veterinary profession is practised;

6. canvassing or touting of clients, tendering of services, professional appointments, consultations, concealment, supercession and intrusion, professional secrecy and undermining or prejudicing colleagues or the authority of the council by persons who are registered or deemed to be registered in terms of this Act; and

7. any matter which the council deems necessary or expedient for the achievement or promotion of its objects or for the exercise of its powers or for the performance of its functions.

(2) Different rules may be made in terms of subsection (1) in respect of different veterinary professions and para-veterinary professions.

(3) No rule made in terms of subsection (1) or any amendment or withdrawal thereof shall be of force and effect until approved by the Minister and published in the Gazette by the registrar.

31. Inquiry by council

(1) The council may, either as a result of a complaint or charge or allegation lodged with it or of its own accord, institute an inquiry into the conduct of a person who is registered or deemed to be registered in terms of this Act, or into an act or omission or alleged act or omission by such person in the practising of his profession, or into a contravention or alleged contravention of this Act or the rules by such person.

(2) If such conduct, act, omission or contravention or alleged act, omission or contravention forms or is in the opinion of the council likely to form the subject of criminal or civil proceedings in a court of law, the council may postpone the inquiry until such proceedings have been determined.

(3) The acquittal or the conviction by a court of law upon a criminal charge of a person who is registered or deemed to be registered in terms of this Act, shall not be a bar to an inquiry in respect of him in terms of this section, even if the facts being inquired into would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted, or any other offence of which he might have been convicted at his trial on the said criminal charge.

(4) Whenever in the course of any proceedings before any court of law it appears to the court that there is prima facie proof of unprofessional, improper or disgraceful conduct on the part of a person who is registered or deemed to be registered in terms of this Act, or of conduct which, when regard is had to the profession of such person, is unprofessional, improper or disgraceful, the court shall direct that a copy of the record of such proceedings, or such portion thereof as is material to the issue, be transmitted to the council.

(5) If any person's conduct or any act, omission or contravention or alleged act, omission or contravention by any person is likely to be inquired into in terms of this Act, such person shall be notified in writing by the registrar of the matter to be inquired into, and such person may furnish the council with a written explanation, in the form of an affidavit, concerning it.

(6)

1. Any inquiry referred to in subsection (1) may be instituted simultaneously against a corporation and a member or employee of that corporation.

2. A manager referred to in section 24 (4) (b) shall, subject to the provisions of section 32 (7), represent the corporation at such inquiry and is personally responsible, irrespective of any responsibility of the corporation, for any act or omission by or on behalf of a corporation which may result in disciplinary action by the council, unless the council is satisfied that the responsibility for that act or omission rests upon another person who is registered in terms of this Act and is a member or an employee of that corporation.

[Sub-s. (6) added by s. 10 of Act No. 19 of 1989.]

32. Procedure at inquiry

(1) Any such inquiry shall be held on such date and at such time and place as may be determined by the president of the council, and the registrar shall inform the person concerned in writing thereof.

(2) The council may in its discretion appoint one or more persons to advise the council at such inquiry on matters pertaining to law, procedure for evidence, or lead the evidence at the inquiry, cross-examine the witnesses and act as pro forma complainant, and the council may remunerate any such person as it may deem fit.

[Sub-s. (2) substituted by s. 11 (a) of Act No. 19 of 1989.]

(2A) The person presiding at the inquiry shall keep or cause to be kept a record, whether in writing or by way of mechanical recording, of the proceedings at the inquiry and of the evidence given thereat.

[Sub-s. (2A) inserted by s. 11 (b) of Act No. 19 of 1989.]

(3) The council may for the purposes of such inquiry -

1. 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; and

2. 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 or custody or under his control.

(4) A summons referred to in subsection (3) 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.

(5) 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.

(6) If the conduct or an act, omission or contravention or alleged act, omission or contravention of a person which is the subject of an inquiry in terms of this section, amounts to an offence of which such person has been convicted by a court of law, a certified copy of the record of the judgment relating to his trial and conviction by that court shall, upon identification of the person concerned as the person referred to in the record, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court.

(6A) Any person against whom an inquiry is instituted in terms of this section shall be entitled, without appearing before the council, to admit guilt by means of a sworn affidavit on any of or all the charges mentioned in the summons concerned.

[Sub-s. (6A) inserted by s. 3 of Act No. 13 of 1993.]

(6B) A sworn affidavit referred to in subsection (6A) shall be submitted to the council, or a committee established by the council under section 12.

[Sub-s. (6B) inserted by s. 3 of Act No. 13 of 1993.]

(6C) The council or committee, as the case may be, may, after consideration of the sworn affidavit and if it deems it expedient, accept the admission of guilt, and, having regard to any mitigating factors, impose upon the person concerned any penalty mentioned in section 33 (1) (a).

[Sub-s. (6C) substituted by s. 3 of Act No. 13 of 1993.]

(7) Any person against whom an inquiry is instituted in terms of this section, shall be entitled either in person or through his legal representative -

1. to be present at the inquiry;

2. to answer the charge;

3. to cross-examine any person who has given evidence at the inquiry;

4. to inspect any book, document or record referred to in subsection (3);

5. to call persons to give evidence in support of his defence; and

6. to be heard in his defence.

[Sub-s. (7) substituted by s. 11 (c) of Act No. 19 of 1989.]

(7A) At any inquiry in terms of this section it shall be no defence that the person whose conduct or act, omission or contravention is the subject of the inquiry, acted within the scope of his employment with any employer, or in a representative capacity on behalf of a juristic person.

[Sub-s. (7A) inserted by s. 11 (d) of Act No. 19 of 1989.]

(8) Any person who, having been duly sworn or having made an affirmation, tenders false evidence at an inquiry held under this section, 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.

33. Disciplinary powers of council

(1) If the council, after an inquiry held under section 32, finds a person who is registered or deemed to be registered in terms of this Act guilty of unprofessional, improper or disgraceful conduct, the council may -

1. reprimand or caution him;

2. impose conditions and restrictions subject to which the person concerned may, for a specified period, practise the profession in respect of which he is registered;

3. suspend his registration for such period and subject to such conditions as the council may in each case determine; or

4. withdraw his registration.

(2) The council may -

1. postpone the imposing of a penalty upon any person so convicted; or

2. suspend the execution of a penalty mentioned in subsection (1) (c) or (d) and so imposed upon a person,

for such a period and subject to such conditions as it may in each case determine.

(3) The registrar shall -

1. inform a person who is so found guilty, in writing of his conviction and of the grounds on which it is based;

2. enter the particulars of any penalty imposed upon a person under subsection (1) (a), (b) or (c), opposite his name in the appropriate register;

2. (A) publish the name and address of the person concerned, and particulars of his conviction and the penalty imposed upon him, by notice in the Gazette;

[Para. (bA) inserted by s. 12 of Act No. 19 of 1989.]

3. remove the name of a person whose registration is withdrawn under subsection (1) (d), from the appropriate register.

(4)

1. Any person whose registration is suspended under subsection (1) (c) of this section shall, except for the purposes of section 26, for the period of such suspension be deemed not to be so registered.

2. The council may at any time before the expiration of the period for which any registration has been suspended under subsection (1) (c), on application in the prescribed manner terminate such suspension subject to such conditions as it may in each case determine.

(5)

1. If at the end of the period for which the imposition of a penalty has been postponed under subsection (2) (a), the council is satisfied that the person concerned has observed all the relevant conditions, the registrar shall inform the person concerned that no penalty will be imposed upon him.

2. If the execution of a penalty has been suspended under subsection (2) (b) and the council is satisfied that the person concerned has observed all relevant conditions throughout the period of suspension, the registrar shall inform such person that such penalty will not be executed.

(6) If a person fails to comply with any conditions determined in terms of subsection (2), the council shall impose a penalty upon him or execute the penalty imposed upon him, unless he satisfies the council that the non-compliance with such conditions was due to circumstances beyond his control.

(7) ......

[Sub-s. (7) deleted by s. 4 of Act No. 13 of 1993.]

(8) For the purposes of imposing a penalty under this section upon a person who is registered or deemed to be registered in terms of this Act, "unprofessional, improper or disgraceful conduct", in relation to such person, means -

1. the contravention of or the failure to comply with any provision of this Act or the rules;

2. becoming mentally or physically disabled to such extent that it would be detrimental to the public interest to allow him to continue practising his profession;

3. becoming unfit to purchase, acquire, keep, use, administer, prescribe, order, supply or possess any Scheduled substance as defined in the Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965), or using, possessing, prescribing, administering or supplying any such Scheduled substance for purposes other than a medicinal purpose as defined in the said Act, or becoming addicted to the use of any such Scheduled substance; or

4. conducting himself, through any other act or omission, in the opinion of the council unprofessionally, improperly or disgracefully, when regard is had to his profession.

34. Dispensing of medicine

(1) A person who is registered or deemed to be registered in terms of this Act to practise a veterinary profession, may personally compound or dispense any medicine which is prescribed by himself or by any other person with whom he is in partnership or with whom he is associated as a principal or an assistant or a locum tenens, for use in the treatment of an animal which is under his professional care: Provided that he shall not be entitled to keep an open shop or pharmacy.

(2) A person referred to in subsection (1) shall not accept or obtain any commission or other reward from a pharmacist or other supplier in connection with medicine which is compounded or dispensed by virtue of a prescription.

35. Charges for the rendering of services

(1) No remuneration shall be recoverable in respect of the rendering of any service which in terms of the rules is deemed to pertain specially to a veterinary profession or a para-veterinary profession when rendered by a person who is not registered or deemed to be registered in terms of this Act to practise the profession concerned.

(2) ......

[Sub-s. (2) deleted by s. 13 of Act No. 19 of 1989]

(3) ......

[Sub-s. (3) deleted by s. 13 of Act No. 19 of 1989]

(4) ......

[Sub-s. (4) deleted by s. 13 of Act No. 19 of 1989]

36. Obligation of employers

(1) Any person who employs a person who is registered or deemed to be registered in terms of this Act to practise a veterinary profession or a para-veterinary profession, shall not cause such person to perform any work which he may not perform in terms of the rules.

(2) The council may require an employer of a person who is registered or deemed to be registered in terms of this Act to submit to it a copy of the service contract which has been concluded with such person.

37. Secrecy

No person shall, except for the purposes of carrying out his functions or performing his duties under this Act or for the purpose of legal proceedings under this Act or when required to do so by any court or under any law, disclose to any other person any information acquired by him in the carrying out of his functions or the performance of his duties under this Act and relating to the business or affairs of any person registered or deemed to be registered in terms of this Act.

38. Correction of errors

(1) The registrar may authorize -

1. the correction of any clerical error or error in translation appearing in any document submitted or issued in terms of this Act, or in a register kept in terms of this Act;

2. the amendment of any document for the amendment of which no express provision is made in this Act;

3. the condonation or correction of any irregularity in procedure in any proceedings before him, if such condonation or correction is not detrimental to the interests of any person.

(2) The registrar may exercise the authority under subsection (1) of his own accord or upon request in writing.

(3) Where the registrar intends exercising his authority under subsection (1) of his own accord, he shall give notice of his intention to any person who in his opinion has an interest in the matter, and shall give such person an opportunity of being heard before exercising his authority.

39. Defect in form not to invalidate documents

A defect in the form of any document which is in terms of any law required to be executed in a particular manner, or in a notice issued in terms of this Act, shall not render unlawful any administrative act performed in terms of this Act in respect of the matter to which such document or notice relates, and shall not be a ground for exception to any legal procedure which may be taken in respect of such matter, if the requirements and meaning thereof are set forth substantially and intelligibly.

40. Limitation of liability

No person, including the State, shall be liable in respect of anything done in good faith in the exercise or performance of a power or duty conferred or imposed by or under this Act.

41. Offences and penalties

(1) Any person who -

1. by means of a false or misleading statement, whether verbally or in writing, procures for himself or any other person registration in terms of this Act, or any certificate, receipt, approval or other document issued under this Act;

2. makes any unauthorized entry or addition or alteration in or removal from a register which is kept in terms of this Act, or an extract therefrom, or any certificate, receipt, approval or other document issued under this Act;

3. willfully destroys or damages or renders illegible any entry in a register kept in terms of this Act or, without the permission of the holder thereof, a certificate, receipt, approval or other document issued under this Act;

4. forges or, knowing it to be forged, utters any document purporting to be a certificate, receipt, approval or other document issued in terms of this Act;

5. impersonates any person registered or deemed to be registered in terms of this Act;

6. contravenes or fails to comply with the provisions of section 23 (1), 29 (2) or 36 (1), or fails to comply with any requirement under section 36 (2);

7. having appeared as a witness at an inquiry in terms of section 32, refuses or fails without lawful cause to be sworn or to make an affirmation or to answer any question or to produce any book, document or record which he may lawfully be required to answer or to produce;

8. having been duly summoned to appear at an inquiry in terms of section 32, refuses or fails without lawful cause so to appear;

9. refuses or fails to comply with any condition or restriction imposed by the council in terms of section 33 (1) (b) or (c);

10. refuses or fails without lawful cause to make any statement or give any explanation which may lawfully be demanded from him in the application of this Act, or makes or gives a false statement or explanation knowing it to be false;

11. obstructs or hinders a member of the council or of the executive committee or of any other comniittee of the council or the registrar, in the exercise of his powers or the performance of his functions under this Act;

12. fails or refuses to furnish particulars to the council in terms of section 20 (2) (a);

13. prevents a person designated in terms of section 20 (2) (b) from entering the premises of a university or other educational institution, or fails or refuses to afford the reasonable assistance required there by such person;

14. is a student without having been registered in terms of this Act;

15. refuses or fails to comply with any condition determined by the council under section 25 (3);

16. refuses or fails to comply with any condition referred to in section 25 (7) (b);

17. contravenes or fails to comply with the provisions of section 25 (8), 28 (3) or 35;

18. supplies or offers to supply to any person who is not registered or deemed to be registered in terms of this Act, any instrument or appliance which can primarily be used for services which in terms of the rules are deemed to pertain specially to a veterinary profession or a para-veterinary profession, knowing that the instrument or appliance concerned will be used by such unregistered person for the rendering for gain of services of a kind of which he is in terms of this Act prohibited to perform for gain,

shall be guilty of an offence and -

1. on a first conviction of a contravention referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k), be liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment;

2. on a second or subsequent conviction of any contravention referred to in subparagraph (i), whether the same or any other contravention referred to in that subparagraph, to a fine not exceeding R10 000 or to imprisonment for a period not exceeding five years, or to both such fine and such imprisonment;

3. on a first conviction of an offence referred to in paragraph (l), (m), (n), (o), (p), (q) or (r), be liable to a fine not exceeding R500 or to imprisonment for a period not exceeding three months, or to both such fine and such imprisonment;

4. on a second or subsequent conviction of any contravention referred to in subparagraph (iii), whether the same or any other contravention referred to in that subparagraph, to a fine not exceeding R2 000 or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment.

(2) Any fine paid or recovered in respect of an offence under this Act shall be paid over to the council.

(3) A magistrate's court shall have jurisdiction to impose any penalty-provided for by this section.

42. Presumptions

(1) In any prosecution for a contravention of section 23 (1), read with any provision of section 23 (2), the accused shall, unless the contrary is proved, be deemed not to have been registered in terms of this Act or the Veterinary Act, 1933 (Act No. 16 of 1933), at the time of the commission of the alleged offence.

(2) In any prosecution for a contravention of section 23 (1), read with section 23 (2) (a), the accused shall, unless the contrary is proved, be deemed to have performed the act in respect of which the prosecution is instituted, for gain.

43. Regulations

(1) The Minister may, after consideration and approval of any relevant recommendation by the council, make regulations regarding -

1. the election of members of the council;

2. the entry of particulars in any register kept in terms of this Act;

3. the degrees, diplomas and certificates which serve as a prerequisite for the registration of the holders thereof in terms of this Act;

4. the furnishing of particulars relating to students enrolled at universities or other educational institutions in the Republic for degrees, diplomas and certificates prescribed in terms of section 20;

5. matters concerning para-veterinary professions;

6. the registration of students in terms of this Act, the conditions subject to which they are registered, and the maintenance of such registration;

7. the registration of persons in terms of this Act to practise veterinary professions and para-veterinary professions, the conditions subject to which they are registered, and the maintenance and alteration of such registration;

8. the payment of fees;

9. the registration of consulting rooms, clinics, animal hospitals and other places at or from which a veterinary profession or a para-veterinary profession is practised;

10. any matter which in terms of this Act is required or permitted to be prescribed by regulation,

and, in general, in relation to any matter which he may consider necessary or expedient to prescribe in order to attain or promote the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.

(2) Different regulations may be made under this section in respect of different veterinary professions or para-veterinary professions or in such other respects as the Minister may determine.

(3) A regulation may prescribe penalties not exceeding a fine of R500 or not exceeding imprisonment for a period of three months, or both such fine and such imprisonment, for any contravention of or failure to comply with its provisions.

44. Repeal of laws

Subject to the provisions of sections 5 (2), 6 (2), 9 (1), 14 (6), 18 (2) and (4) and 25 (7), the laws specified in the Schedule are hereby repealed.

45. Short title and commencement

(1) This Act shall be called the Veterinary and Para-Veterinary Professions Act, 1982, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act.

Short title and commencement

This Act shall be called the Veterinary and Para-Veterinary Professions Act 2002, and shall come into operation on a date determined by the President by proclamation in the Gazette.

Establishment of new council

(1)  A new council shall be established in accordance with the procedure set out in section 5 of the principal Act within six months of the date of the coming into operation of this Act.

(2) The Minister shall by notice in the  Gazette  determine the date on which the new council shall come into operation, which shall be the date on which the members of the outgoing council shall cease to hold office.

[Section 16 of Act No. 10 of 2002]

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

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