eSwatini
Veterinary Surgeons Act, 1997
Act 8 of 1997
- Assented to on 25 June 1997
- Commenced on 1 January 1998
- [This is the version of this document at 1 December 1998.]
Part 1 – Preliminary
1. Short title and commencement
This Act may be cited as the Veterinary Surgeons Act, 1997 and shall come into operation on a date to be appointed by the Minister by notice in the Gazette.2. Interpretation
In this Act unless the context otherwise requires—“Association” means the Swaziland Veterinary Association existing at the commencement of this Act;“Council” means the Veterinary Council of Swaziland established under section 3;“Minister” means the Minister responsible for Agriculture;“Register” means the register of veterinary surgeons kept under section 8;“registered” means registered under this Act as a veterinary surgeon;“veterinary practice” means the practice and service of veterinary surgery and medicine and includes—(a)the diagnosis of diseases in, and injuries to, animals, including tests performed on animal tissue for diagnostic purposes;(b)the giving of advice based on such diagnosis;(c)the medical or surgical treatment of animals; and(d)the performance of surgical operations on animals.Part II – The Veterinary Council of Swaziland
3. Establishment and composition of the Council
There is hereby established the Veterinary Council of Swaziland which shall consist of the following members:4. Power and functions of the Council
The Council shall exercise such powers and perform such functions as are generally or specifically authorised by this Act.5. Tenure of office
6. Vacancies not to invalidate proceedings
7. Meetings of the Council
Part III – Registration of veterinary surgeons
8. Registrar and register of veterinary surgeons
9. Application and requirements for registration
10. Registration
11. Publication of an annual list of veterinary surgeons
12. Evidence of registration
A copy of or extract from entries in the register, upon which is endorsed a certificate purporting to be signed by the Registrar and stating that the copy or extract is a true copy or extract, shall be admissible in all legal proceedings as evidence of the matter stated therein without proof of the signature or authority of the person signing the certificate.13. Qualifications for registration
With the approval of the Minister and by notice in the Gazette, the Council may prescribe the degrees, diplomas or other qualifications granted after examinations by a university or veterinary medical school, which, held singly or jointly with any other degree, diploma or other qualification may render the holder entitled to be registered as a veterinary surgeon under this Act.14. Registration of additional qualifications
Upon application by a registered veterinary surgeon and if the Council is satisfied that he has obtained a qualification higher than or additional to the qualification in respect of which he was registered, the Council may have the higher qualifications or additional qualification inserted in the register in place of or in addition to the qualification previously registered.15. Right to appeal
A person whose application under section 9 or section 14 has been refused by the Council may appeal against such refusal to the High Court.16. Removal of names from the register
17. Restoration of names to the register
If the Council has made an order to remove a person’s name from the register or suspend a person’s registration after holding such inquiry as it thinks fit, the Council may restore the name of the person in the register or terminate the suspension with or without the person having to pay the prescribed fee.Part IV – Effect of registration
18. Right to sue for fee
A registered veterinary surgeon may—19. Validity of certificate
Unless signed by a registered veterinary surgeon, a certificate or document required by any law to be signed by a qualified veterinary surgeon shall not be valid if it was given or issued after the commencement of this Act.Part V – Disciplinary powers of the Council
20. Inquiry into misconduct
Upon any complaint or allegation of professional misconduct made by any person and accompanied by an affidavit under section 21 stating that a registered veterinary surgeon—21. Affidavit of allegation of misconduct
Any complaint or allegation under section 20 shall be accompanied by an affidavit setting out the facts on which the person relies in proof of his complaint or allegation and if the affidavit has not been enclosed, the Council shall require the person who has made the complaint or allegation to make and produce such affidavit.22. Appearance of veterinary surgeon
23. Evidence at inquiry
24. Power to summon witness and order production of documents
25. Disobedience to subpoena and refusal to give evidence
A person who has been served with a subpoena under section 24 but refuses or omits without sufficient cause to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Council or refuses or omits without sufficient cause to produce any document in his possession or under his control which is mentioned in the subpoena, shall be guilty of an offence:Provided that a person giving evidence or required to produce a document before the Council shall not be compelled to incriminate himself, and such a person shall have all the privileges a witness in a trial before the High Court has in respect of evidence given by him or any document he is required to produce before that court.26. Inquiry in absence of veterinary surgeon
27. Representation by legal practitioner
The veterinary surgeon whose conduct is being inquired into by the Council shall be entitled to be represented by a legal practitioner at the inquiry.28. Decision of Council
29. Procedure after order
30. Appeal against decision of the Council
Part VI – Miscellaneous
31. Offences by unregistered persons
32. Fraudulent registration
A person who makes or produces or causes to be made or produced any false certificate, representation or declaration, either orally or in writing for the purpose of procuring his own registration or that of another person shall be guilty of an offence.33. Penalties
A person who is convicted of an offence under—34. Regulations
Subject to this Act and after consultation with the Council, the Minister may make Regulations by notice in the Gazette for—35. Power to amend Schedules
The Minister may amend the Schedules to this Act after consultation with the Council.History of this document
01 December 1998 this version
Consolidation
01 January 1998
Commenced
25 June 1997
Assented to