Vetnews | Julie 2024 38 « BACK TO CONTENTS On 14 June 2024, the new “Rules Relating to the Disciplinary Processes against the Veterinary and Para-Veterinary Professions” (“the Rules”) were published in the Government Gazette. The Rules came into effect on the date of publication, and it is therefore important for veterinarians to take note of the new rules. They replace the previous rules on disciplinary procedures published in December 2022. The processes to lodge a complaint, to investigate a complaint, and to conduct an inquiry are covered in the Rules. While the basic principles are the same, there are a few additions and important differences that veterinarians must take note of. Lodging a Complaint All complaints must be lodged in the form of a written affidavit. However, there are some exceptions to this. It is unnecessary if the matter is referred to Council by a court or another forum or tribunal, if the SAVC initiates the complaint, or if the allegations against the respondent are available in the public domain. A complaint must be submitted within twelve months from the date on which the complaint arose. If the twelve-month period has expired, an application for condonation can be made but must be substantiated with supporting facts. The investigation committee (“IC”) decides if condonation will be granted, and their decision is final. The registrar has the discretion to request the parties for mediation of the complaint. Mediation will only proceed if both parties agree to it. If mediation is successful, the file will be closed. All the information provided by a respondent during the mediation process must remain confidential. If mediation is not successful, the complaint will be investigated and considered by the IC. The previous rules required a complainant to pay the veterinarian or veterinary practice before the complaint would be considered. This is no longer the case, and a complainant can complain even if there are still outstanding fees. Preliminary Investigation The Rules make provision for the Registrar to investigate any allegations of contraventions of the Veterinary and Para-Veterinary Professions Act, No 19 of 1982 (“the Act”). This includes a complaint of unprofessional conduct by a veterinarian or other registered person. Under the previous rules, the registrar was required to inform a respondent of a complaint and to forward a copy of the complaint to the respondent. The Rules now allow the registrar to choose between two methodologies, depending on the circumstances and alleged misconduct. The first methodology is set out in Rule 3. It is essentially the same as the methodology used in the past whereby the respondent was advised of the complaint and a copy of the affidavit was forwarded to the respondent. The respondent may provide copies of the clinical records to the registrar within 72 hours. An explanation in the form of an answering affidavit must be filed within 30 days. The respondent is allowed to make use of legal representation. Once the respondent’s affidavit is received, the registrar gives it to the complainant, who has ten days to file a replying affidavit. If a replying affidavit is filed, a copy must be given to the respondent. The alternative methodology is set out in Rule 4. This allows the registrar or the IC to appoint an investigating officer to conduct further investigations. Legal Mews THE NEW SAVC DISCIPLINARY RULES - WHAT VETERINARIANS MUST KNOW Trudie Prinsloo (Legalvet Services) This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein.
RkJQdWJsaXNoZXIy OTc5MDU=