Vetnuus | July 2024 39 The investigating officer can enter and search any premises and veterinary facility where clinical services are provided. He or she may request any records and electronic data relevant to the matter under investigation and may take the records, examine them, and make copies of them. The investigating officer may also interview persons and take statements if they have relevant knowledge or information. Once the investigating officer has completed the investigation, he or she must compile a report and give it to the registrar. If the report provides evidence of unprofessional conduct in the absence of a complaint, the report will be regarded as a complaint for the purpose of an inquiry. If the report provides evidence that indicates an inquiry is necessary, the matter will be further dealt with as required by the Act. If the report does not provide proof of unprofessional conduct, a copy of the report must be given to the relevant veterinarian or registered person. Powers and Functions of Investigating Committee The IC is responsible for the evaluation of evidence obtained through the affidavits or reports and can make the following decisions: - Refer the matter back to obtain more information. - Dismiss the matter if there is insufficient evidence, or if there are no grounds for a complaint. - Caution the respondent where the IC deems it fit but where there is no basis for a complaint. - Refer the matter for mediation. - Refer the matter for a disciplinary hearing. Inquiry into Professional Conduct and Procedure Rules 6, 7, and 8 sets out the inquiry process and procedures. The first step is to summon the respondent to appear at the inquiry. The respondent is provided with the charge at this stage. A bundle of documents is prepared, and a list of witnesses is compiled. The respondent must submit additional documents that will be used at the inquiry as well as a list of witnesses that will be called for the respondent. There are specific timeframes that must be adhered to. It is important to note that the respondent is responsible for the cost of his or her witnesses and for securing the presence of these witnesses at the inquiry. Electronic attendance of witnesses is allowed. The respondent may use legal representation at the inquiry. The processes applicable to the inquiry are set out in detail in the Rules. The proceedings are open to the public. However, there are certain limitations. Persons who want to attend must do so in person and no public access will be allowed via virtual platforms. No recording devices are allowed, except for the official recording of the proceedings by the Council. Any journalists who want to attend must apply to the IC at least five days before the hearing. You can access the new “Rules Relating to the Disciplinary Processes against the Veterinary and Para-Veterinary Professions” (“the Rules”) on the SAVC’s website. If you have any questions, you can contact me at trudie@legalvetservices.co.za. v Legal Mews
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