Rules of the Ethics Committee

RULES OF ETHICS COMMITTEE

(October 1999)

 

 

ETHICS COMMITTEE

 

1.         FUNCTIONS / OBJECTS

  1. To develop a disciplined Cat Fancy community through an effective and fair code of ethics and disciplinary procedures.

  2. To devise, review and implement practical, open, concise and fair methods of disciplinary procedures in line with the Legal System and the Constitution of the Republic of South Africa.

  3. To provide any member or participant of SACC or its activities with an opportunity to state his/her case.

  4. To be consistent in its Judgements and procedures.

  5. To treat all people with respect and fairness.

  6. Generally to do all lawful acts as are necessary, incidental, ancillary or conducive to the attainment of its objectives.

 

2.         STRUCTURE

  1. The Ethics Committee may have offices in the following centres:

    1. Cape Town

    2. Port Elizabeth

    3. Durban

    4. Johannesburg (Head office)

  2. Each office shall consist of the following officers:

    1. Qualified Veterinarians (maximum of 3)

    2. A practising Attorney or Advocate or Magistrate

    3. An active person of good standing in the Cat Fancy

  3. The Ethics Committee shall be a office of the Support Management, and an advisory body to GC of SACC.

  4. The Officers of the Ethics Committee shall be appointed by GC of SACC, subject to paragraph 5 herein.

 

FUNCTIONING OF THE ETHICS COMMITTEE

 

3.         APPOINTMENTS AND INVESTIGATION

  1. The four (4) offices shall each sit and appoint a secretary and chairperson from amongst themselves. All officers will have equal voting power. In an abstention, the vet shall have the deciding vote on veterinary matters and the attorney will have the deciding vote on ethical and legal matters.

  2. The Secretary shall be in control of all funds.

  3. The Committee shall meet from time to time as necessary.

  4. If a person, cattery or body under investigation is further than 100 km from an office, the Committee in that region shall appoint a veterinarian and an Animal Welfare Organization to conduct the investigation if applicable. Their findings shall be reported to the Committee. The Committee has to ensure that the investigation was done and all steps taken to compile sufficient evidence to make an informed decision.

 

  1. PROCEDURE

    1. All complaints directly filed with the Ethics Committee and those referred to the Ethics Committee by CG of SACC in terms of paragraph 29.1 - 29.4 of SACC's Constitution shall be submitted in writing. The Secretary of SACC will provide all documents and particulars/information on complaints filed with GC of SACC to the Secretary of the Ethics Committee.

    2. The complaint shall contain full particulars concerning the complainant, the person in violation and the complaint.

    3. The complaint shall be signed under oath in the presence of a Commissioner of oath.

    4. A fee of R100.00 must accompany the complaint.

    5. A complaint has to be lodged within 60 days of the complainant becoming aware of the alleged misconduct, misdemeanour, violation or cause.

  1. The word "lodged" for the purposes of these rules shall be defined as:

  1. In the event of a fax the complaint shall be deemed to be lodged on the date on which the fax is received by the Secretary of the Ethics Committee.

  2. In the event of a delivery by hand the complaint shall be deemed to be lodged on the date of receipt of the complaint by the Secretary of the Ethics Committee.

  3. In the event of postage, the complaint shall be deemed to be lodged on the date indicated on the postal stamp.

    1. (a)  Upon receipt of the complaint the Secretary shall

  1. acknowledge receipt of the complaint, and

  2. send a copy of the complaint and supporting documentation to the person against whom the complaint has been laid.

  1. All parties to the particular complaint are entitled to copies of the documentation in the possession of the Secretary upon request of same.

  2. The Ethics Committee or persons appointed by them may conduct such investigations and interviews as it deems appropriate having regard to the particular circumstances of a specific complaint.

    1. The person in the violation has the right to answer in writing to the allegations .The statement in answer has to be signed in the presence of a Commissioner of Oath and submitted to the Committee within 10 days of having been informed of the complaint.

    2. Upon finalization of the investigation the Committee shall inform the complainant and the person in violation of the hearing to be held at a specified venue, date and time.  Parties are not required to file notice that an expert will be called, neither is a written summary of his opinion and reasons therefor required, save in sofar it is required to give full particulars when lodging the complaint in terms of Rule 4.2 as answering to the complaint in terms of Rule 4.7.  All parties shall have the opportunity to state their cases.

      1. The complainant shall first have the opportunity of stating is case after which the person against whom the complaint has been laid shall have the opportunity to cross examine the complainant;

      2. Thereafter, the complainant shall call any witness(es) to testify on his behalf and cross examination may then take place;

      3. Once the complainant has closed his case, the person against whom the complaint has been laid may testify and be cross examined and so to any witnesses called to testify on his behalf;

      4. It shall not be necessary to administer the oath or declaration to any person called to give evidence.

      5. The Parties will be entitled to call witnesses but will not be entitled to legal representation unless both parties to the proceedings have consented thereto in writing.

 

  1. Complaints:

    1. Complaints filed with GC of SACC (29)
      After hearing of matters referred by GC of SACC (paragraph 30.1 - 30.4) the Ethics Committee will forward a written report and recommendation to the Secretary of SACC. This report shall be timeously posted to all Club Members of SACC for consideration and voting. Each club shall in writing respond to the recommendation by either voting in favour or against. The Clubs shall respond within 30 days from receipt. The Secretary of SACC under the supervision of the Ethics Committee shall count the votes and inform all parties concerned of the outcome. A simple majority shall indicate the result.

    2. Complaints filed directly with Ethics Committee
      After hearing of all the evidence in all other matters the Committee will vote and inform all parties concerned of the decision.  In making a decision the members of the Ethics Committee may not take into account anything other than oral evidence at the hearing and or any document(s) handed in during such evidence in accordance with the rules of evidence applicable to court hearings. (Casting votes as stipulated in paragraph 3.1)

    3. The Committee shall give the reasons for the decision.

  2. An appeal against the outcome and/or penalty shall be filed within 30 days of the date of the decision. An Appeal is made to GC of SACC.  An appeal fee of R200.00 is payable to GC of SACC.

  3. The appeal shall to be in writing, setting out the reasons for the appeal and must be served on the Secretary of the Ethics Committee, and the Secretary of SACC.

  4. All interested parties shall be informed of the date, time and venue of the appeal, which date will be the Annual General Meeting of GC of SACC.

  5. The Appeal will be an item on the agenda.

    1. After hearing of evidence the GC of SACC shall vote on the outcome, and inform all parties of the decision.

    2. The decision of GC of SACC is final.

  6. The principles of the legal system shall be followed in all procedures, evidence and decisions.

  7. Penalties (suggested according to severity of misconduct)

    1. A fine and/or banning (limited or permanent) from showing, judging, stewarding, managing shows, registering kittens/studs, whatever is applicable.

    2. In the event of banning there will be no choice of a fine.

    3. Voiding awards.

    4. Report to Animal Welfare Organization.

    5. Suspension.

    6. Warning / Reprimand.

  8. The outcome of the Appeal is final.

  9. The Penalty will become Effective

    1. 31 days after the outcome of the hearing in the event of no appeal, or

    2. Immediately after appeal outcome.

  10. Decisions and penalties will be published in the S.A. Gazette.

  11. Fines shall be paid to the Secretary of the Ethics Committee.

 

  1. ELECTION OF OFFICERS

    1. The Officers will be elected by GC of SACC at an Annual General Meeting.

    2. Candidates shall submit CV's to the Secretary of SACC, by 30 June for election at the scheduled Annual General Meeting.

    3. The Candidates particulars and CV's shall be enclosed in the Agenda for the Annual General Meeting.

    4. The delegates from the Clubs will cast their votes, at the Annual General Meeting.

    5. The simple majority will indicate the Result.

    6. All candidates to be notified of the outcome of the elections by the Secretary of SACC.

    7. Elected Officers will take office on January 1st.

 

  1. ANNUAL REPORT
    The Chairperson of the Ethics Committee will furnish the GC of SACC with an Annual Report on all activities of the office.

 

7.         ANNUAL FINANCIAL REPORT
The Treasurer of SACC will submit a audited Balanced Sheet at the Annual General Meeting of GC of SACC, and report on all income and expenditure.

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