Key Benefits:
Where any person believes or has reasonable cause to believe that a veterinary surgeon has-
(a) procured his registration under this Act by any false representations or declaration;
(b) contravened the provisions of this Act;
(c) has been sentenced for any offence to imprisonment without the option of a fine or convicted of an offence involving dishonesty; or
(d) in Botswana or elsewhere, committed an act, or conducted himself or herself in a manner, whether in his or her professional capacity or otherwise, unbecoming of a veterinary surgeon as shall be specified in the code of ethics referred to in section 23(1), whether or not such act or conduct constitutes or involves the commission of a criminal offence and whether or not he or she has been convicted or acquitted by any court of any offence so constituted or the commission of which is so involved, and the Council is satisfied that there is a prima facie case for inquiry, such person may, in writing, report those things to the Council, and the Council shall hold an inquiry into the said allegations.
30. Allegations to be supported
The Chairperson may require a person who has made any allegation of a character specified in section 29 against a veterinary surgeon to support the allegation by an affidavit setting out the facts on which he or she relies.
31. Appearance before Council to address allegations
(1) The veterinary surgeon against whom an allegation has been made or evidence is available, resulting in an enquiry being held under section 29, shall be given an opportunity to appear before the Council to address the Council concerning such allegation or evidence.
(2) The veterinary surgeon referred to in subsection (1) shall be informed, in writing, at least 28 days before the date appointed for the inquiry, of the substance of the allegation made against him or her or the nature of the evidence adduced against him or her and shall be furnished with a copy of any-
(a) affidavit made under section 30; and
(b) other relevant document, and be given the opportunity of inspecting such document.
32. Council may hear witnesses and receive documentary evidence
(1) The Council may, in the course of its inquiry, hear such witnesses and receive such documentary evidence as, in its opinion, may assist it in coming to a conclusion as to the truth or otherwise of the allegation, or the correctness or otherwise of the evidence, which forms the subject matter of the inquiry.
(2) The Council shall require any witness appearing before it to give his or her evidence on oath, and the Chairperson may administer oaths for that purpose.
33. Registrar may summon witnesses
(1) Where the Council is of the opinion that the evidence of any person or the production of any document is necessary for the purposes of the inquiry, the Registrar may issue a summons under his or her hand in such form as may be prescribed directing the person named therein to attend at the time and place mentioned to give evidence or to produce the documents therein specified or to do both.
(2) The Registrar shall take such steps as are necessary to ensure that summons are served under this section.
(3) A person attending at an inquiry in obedience to a summons issued under this section shall be entitled to allowances payable out of the funds of the Council, as though he were attending at a magistrate's court as a witness in civil proceedings under subpoena.
34. Penalty for failure to obey summons or to give evidence
(1) Subject to subsection (2), where any person upon whom a summons has been served under section 33 refuses or omits without sufficient cause to attend in obedience to such summons, or fails to answer fully and satisfactorily to the best of his or her knowledge and belief all questions put to him or her by or with the concurrence of the Council, or refuses or omits without sufficient cause to produce any document in his or her possession or under his or her control which ismentioned in the summons, he or she shall be guilty of an offence and liable to a fine not exceeding P4 000, or to imprisonment for a term not exceeding two years, or to both.
(2) Notwithstanding the provisions of subsection (1), no person giving evidence before the Council shall be compelled to incriminate himself or herself and such person shall, in respect of any evidence given by him or her or any document which he or she is required to produce, be entitled to all the privileges to which a witness in a trial before the High Court is entitled in respect of evidence given by him or her or a document which he or she is required to produce before such court.
35. Parties to hearing entitled to legal representation
The veterinary surgeon in respect of whom an allegation has been made or evidence has come to the Council's notice and the complainant (if any) may appear in person or through a legal representative.
Where, after the inquiry is completed, the Council is satisfied that any allegation or evidence of a character specified in section 29 has been established against the veterinary surgeon concerned, the Council may-
(a) order the name of the veterinary surgeon to be struck off the Register permanently;
(b) order the name of the veterinary surgeon to be struck off the Register for such period as it may specify;
(c) make an order reprimanding the veterinary surgeon; or
(d) caution the veterinary surgeon.
37. Service of Order upon veterinary surgeon
(1) The Registrar shall cause a copy of any order made under section 36 to be served immediately upon the veterinary surgeon to whom it relates.
(2) The service referred to in subsection (1) may be effected personally or by registered post, and if effected by registered post shall be deemed, notwithstanding anything to the contrary contained in any other law, to have been effected on the fourteenth day after the day on which the order was posted.
(3) The Registrar shall not strike off the Register the name of the veterinary surgeon in pursuance of an order made under the provisions of section 36 until-
(a) 30 days have elapsed from the date of service of a copy of the order; and
(b) he or she has ascertained that no appeal has been lodged under section 39, or, if such appeal has been lodged, that it has been finally determined in such a manner as to require striking off of the name of the veterinary surgeon.
Any veterinary surgeon in respect of whom an order has been made under section 36(1)(a) or (b) may, by notice served within 30 days of the service upon him or her of a copy of the order, appeal to the High Court.
