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Updated: 29 September 2019

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28. Investigation of Charge of Improper Conduct

1. The council must refer any matter brought against a registered person to an investigating committee contemplated in section 17 if -

(a) the council has reasonable grounds to suspect that a registered person has committed an act which may render him or her guilty of improper conduct;

(b) a complaint, charge or allegation of improper conduct has been brought against a registered person by any person.

2. At the request of the council, the investigating committee must -

(a) investigate the matter: and

(b) obtain evidence to determine whether or not in its opinion the registered person concerned may be charged and, if so, recommend to the council the charge or charges that may be preferred against that registered person.

3. An investigating committee may not question the registered person concerned unless the investigating committee informs that registered person that he or she -

(a) has the right to be assisted or represented by another person; and

(b) is not obliged to make any statement and that any statement so made may be used in evidence against the registered person.

4. The investigating committee must, after the conclusion of the investigation, submit a report making its recommendations to the council regarding any matter referred to it in terms of this section.

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