Powers of the Registrar of the Health Professions Council to institute investigations under the Health Professions Act 56 of 1974

• Jurisdiction: South Africa
• DOI: 10.17159/2225-7160/2023/v57a2
• Author: MA Kwinda,M Labuschaigne,M. Slabbert
• Pages: 17-23
• Date: 01 June 2024
• Published date: 01 June 2024
• Published By: University of Pretoria

Recent case law 17

Powers of the Registrar of the Health Professions

Council to institute investigations under the

Health Professions Act 56 of 1974

1 Introduction

The Health Professions Council of South Africa (the HPCSA) is a statutory

body established in terms of section 2 of the Health Professions Act 56

of 1974 (hereafter “the Act”). One of the objects of the HPCSA is “to

ensure the investigation of complaints concerning persons registered in

terms of the Act and to ensure that appropriate disciplinary action is

taken against such persons in accordance with the Act” (s 3(n)). The

powers to institute an inquiry into a complaint, charge or allegation of

unprofessional conduct against registered practitioners are vested with

the professional boards established in terms of section 15 of the Act (s

41(1) of the Act). The procedure to be followed by the professional board

in instituting an inquiry is prescribed in the Regulations Relating to the

Conduct of Inquiries into Alleged Unprofessional Conduct Under the

Health Professions Act, 1974 (GNR102 in GG31859 of 6 February 2009,

hereafter “the Regulations”).

While the powers to institute an inquiry of alleged unprofessional

conduct is primarily vested with the professional board concerned, the

Act (s 41A) and the Regulations (in reg 2) also confer certain powers to

the Registrar to institute investigations. The questions thus arising are,

when and under which conditions may the Registrar institute

investigations under section 41A of the Act, and how should the Registrar

conduct such investigations?

The purpose of this note is to address these questions, as well as to

comment on the lack of understanding by the HPCSA and the courts

about who can exercise the provisions of section 41A.

2 Conditions under which the Registrar may institute an

investigation

There are three conditions in terms of section 41A(5) of the Act under

which the Registrar may institute or have an investigation be instituted

with the purpose of establishing more facts on a matter at hand. The first

condition is when there is an alleged contravention of, or failure to

comply with any provision of the Act by any person, irrespective of

whether they are registered under the Act or not. This may be triggered

by a complaint or by information available to the Registrar only. The

second condition is that the Registrar may conduct an investigation if he

or she has to determine if any provision of the Act applies to or has been

contravened by a registered person. Thus, unlike the previous condition,

How to cite: Kwinda, Labuschaigne & Slabbert ‘Powers of the Registrar of the Health Professions Council to

institute investigations under the Health Professions Act 56 of 1974’ 2024 De Jure Law Journal 17-23

http://dx.doi.org/10.17159/2225-7160/2023/v57a2