50.     Inquiries by Board

            (1) Subject to the provisions of this Act, the Board may hold an inquiry into any allegation made in writing by a member of the public -

     (a)     that a practitioner has acted or omitted to act, and the act or omission amounts to improper or disgraceful conduct; or

     (b)     in respect of matters referred to in section 54.

            (2) The Board shall cause to be sent, to a practitioner against whom an allegation has been made under subsection (1), a registered letter to his or her address as shown in the register, containing a notice setting out the allegation against him or her and the Board shall afford the practitioner an opportunity to be heard either by himself or hersel for by a legal representative.

            (3) The Board shall invite and have present, during its deliberations under this section, a legal practitioner of their choice, to render legal advice to the Board, during the course of an inquiry under this Part.

            (4) For the purposes of an inquiry under this section, the Board shall -

     (a)     administer oaths;

     (b)     summon persons to attend and give evidence; and

     (c)     order the production of documents.

            (5) All summonses and orders issued under the hand of the Chairperson or Vice Chairperson shall be deemed to be issued by the Board.

            (6) The Chairperson, or in his or her absence the Vice Chairperson, shall record or cause to be recorded a summary of any oral evidence given at an inquiry under this section.

            (7) Subject to the provisions of this Act, the Board shall regulate its own procedure at an inquiry held under this Part:

            Provided that all parties having an interest in the inquiry shall be advised by the Board of the form of the procedure of such inquiry.

51.     Disregard of summons, etc.

            (1) A person to whom a summons or order is issued under section 50 and to whom such summons or order is served, who -

     (a)     refuses or omits, without sufficient cause, to attend at the time and place mentioned in the summons;

     (b)     refuses, without sufficient cause, to answer fully and satisfactorily, questions put to him or her by or with the concurrence of the Board; or

     (c)     refuses or omits, without sufficient cause, to produce any document in his or her possession or under his or her control,

commits an offence and is liable to a fine not exceeding P1 000, or to imprisonment for a term not exceeding one month, or to both.

            (2) A person giving evidence before an inquiry under this Part shall, in respect of evidence given by him or her or documents produced by him or her, be entitled to all the privileges to which he or she would be entitled as a witness before the High Court.

52.     Powers of Board at inquiry

            (1) The Board may, where it finds a practitioner guilty of any allegation made under section 50 -

     (a)     order the Executive Secretary to remove, from the register the name of the practitioner;

     (b)     order the suspension of the practitioner for a specified period, from performing the work of the practitioner;

     (c)     impose, on the practitioner such conditions as it considers appropriate;

     (d)     order the practitioner to pay such fine as the Board may determine;

     (e)     order the practitioner to pay any costs or expenses of, and incidental to, the inquiry; or

     (f)      caution, in writing, the practitioner and set conditions for the conduct of the practitioner's business, that he or she shall comply with for a period not exceeding three years.

            (2) The Board may, after giving reasonable notice in writing to a practitioner, take further action against the practitioner where he or she has not complied with an order under subsection (1) (c), (d), (e) or (f).

            (3) An inquiry held under this Part shall be deemed to be a judicial proceeding.

53.     Disciplinary powers of Board

            The Board may institute an inquiry, under this Part, into the conduct of a practitioner where -

     (a)     the practitioner has been convicted of an offence within or outside Botswana, whether before or after the date of registration; and

     (b)     the Board is of the opinion that the offence under paragraph (a) constitutes improper or disgraceful conduct.

54.     Practitioner becoming unfit to practise

            (1) Where it is alleged that a practitioner has become mentally disabled to such an extent that it would be contrary to the public interest to allow the practitioner to continue to practise, the Board shall -

     (a)     call for information regarding the allegation;

     (b)     cause such investigation to be made as it thinks necessary; and

     (c)     seek such legal advice or other assistance as it may require.

            (2) The provisions of sections 50, 51 and 52 shall, with the necessary modifications, apply to a practitioner referred to under subsection (1).

55.     Appeal against decision of Board at inquiry

            (1) A practitioner aggrieved by a decision of the Board at an inquiry under this Part may, within 30 days of the date of the decision, appeal to the High Court.

            (2) A person aggrieved by a decision of the Board at an inquiry refusing to remove the name of a practitioner from the register, or to suspend a practitioner may, within 30 days of the date of the decision, appeal to the High Court against such decision.

            (3) The High Court may, on hearing an appeal in terms of subsection (1) -

     (a)     confirm, vary or set aside any decision of the Board; or

     (b)     remit the matter to the Board for a further consideration and may make such other orders as to costs as it considers appropriate.

56.     Publication of outcome of proceedings

            (1) Where the Executive Secretary is directed by the Board, he or she shall cause to be published by notice in the Gazette, the name of a practitioner whose name has been removed or who has been suspended from practice under this Part.

            (2) A notice published in accordance with subsection (1) shall be prima facie evidence that the name of a practitioner specified in the notice has been removed or the practitioner so specified has been suspended from practice for the period specified in such notice.