| (1) |
If the registrar deems it necessary for the achievement of the objects of this Act and to establish more facts, he or she may institute or cause to be instituted an investigation— |
| (a) |
into any alleged contravention of, or failure to comply with, any provision of this Act; |
| (b) |
in order to determine if any provision of this Act applies to or has been contravened by any registered person; and |
| (c) |
into any charge, complaint or allegation of unprofessional conduct by any registered person. |
| (2) |
Subject to subsection (1), the registrar may with the approval of the council appoint— |
| (a) |
an officer of the council as an investigating officer for a particular investigation; or |
| (b) |
any person other than an officer of the council and who is not in the full-time employment of the council as an investigation officer for a particular investigation or to assist the officer contemplated in paragraph (a). |
| (3) |
Any person appointed in terms of subsection (2)(b) shall, for the purpose of the investigation in question, have the same powers and duties as an officer referred to in subsection (2)(a). |
| (4) |
The registrar shall issue to every investigation officer appointed in terms of subsection (2)(a) or (b), as the case may be, a certificate signed by the registrar and containing the name of that officer of person as well as a statement to the effect that— |
| (a) |
the officer or person has been so appointed; and |
| (b) |
he or she is empowered to perform any function or conduct an investigation in terms of this Act. |
| (5) |
Whenever an investigation officer exercises any power or performs and function in terms of this Act, he or she shall— |
| (a) |
be in possession of a certificate of appointment issued in terms of subsection (4); and |
| (b) |
produce that certificate to any person who is affected by his or her action. |
(6)
| (a) |
The registrar or an investigating officer who carries out an investigation under this Act, shall compile a report of the investigation, and a report compiled by an investigating officer shall be submitted to the registrar. |
| (i) |
reveals prima facie evidence of unprofessional conduct contemplated in this Act and no complaint or charge has been lodged or laid or no allegation regarding the conduct in question has been made for the purpose of an inquiry in terms of section 31, such report shall be deemed to be a complaint made for that purpose, and the registrar shall serve a copy thereof on the registered person concerned; |
| (ii) |
reveals prima facie evidence which makes it desirable that an inquiry in terms of section 31 be instituted, the registrar shall forward a copy thereof to a committee established in terms of section 12(1) to further investigate and deal with the matter in terms of this Act. |
| (c) |
If such report does not reveal any prima facie evidence of unprofessional conduct contemplated in this Act, the registrar shall serve a copy thereof on the registered person concerned in the prescribed manner. |
| (d) |
To the extent that such report contains statements of witnesses which would have been admissible as oral evidence at any inquiry in terms of section 31, the provisions of section 213 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall apply mutatis mutandis in respect of those statements at such inquiry. |
| (7) |
Any person who carries out or assists with an investigation in terms of this Act shall keep or assist in the preserving confidentiality in respect of all facts which come to his or her notice in the performance of his or her duties, and shall not disclose any such fact to any person except the registrar, the president of the council or the public prosecutor concerned, in the case of the investigation of an offence in terms of this Act, or by an order of a court. |
[Section 31A inserted by section 9 of Act No. 16 of 2012]
Communal Land Rights Act, 2004
