Complaint against a Registered Person
To place the South African Council for Planners (SACPLAN) in a position to consider and evaluate a complaint, we require the following:
- A written complaint and any supporting documentation thereto must be presented in the form of a Sworn Affidavit (attested to before a Commissioner of Oaths). In this regard the pro forma Notice of Complaint for such purpose can be used.
- If a complaint is raised in a person’s personal capacity, a copy of that person’s ID document or valid passport must be provided and the form under the title “Complainant’s Details” must be completed so as to capture the correct details and contact particulars for record purposes. Should the complaint be raised on behalf of a legal entity (a company, close cooperation, trust, association or similar) the registered details of such legal entity (for example the CIPC records of a company, its registration number, its registered address, etc.) must be provided, as well as a company resolution and power of attorney indicating that the person submitting the complaint has been mandated to act on behalf of such entity.
- It should be ensured that the aforesaid documentation be made available together with the notice of Complaint.
- Based on the legal doctrine of audi alterem partem, the sworn affidavit and related information will be presented to the respondent (the person accused of the alleged professional misconduct) so as to offer him/her an opportunity to respond (in an answering affidavit) to the allegations in the aforesaid complaint. Upon receipt of such answering affidavit, SACPLAN shall further investigate the matter and establish whether prima facie evidence exists to justify a disciplinary enquiry as provided for in the Planning Profession Act, 2002 (Act 36 of 2002).
With regard to the initial complaint in this matter, the attention of the person submitting the complaint is directed to the following important information which is presented for the purpose of dispelling any unreasonable expectations which may be harboured with regard to this matter:
- SACPLAN derives its authority from the provisions of the Planning Profession Act, 2002 (Act 36 of 2002) (the Act) and is therefore unable to deal with matters beyond the limitations of the Act.
- Importantly, SACPLAN has no authority to:
- make orders with regard to awarding costs;
- provide any form of relief to a complainant with regard to alleged suffering of financial losses as a result of alleged misconduct by a person registered in terms of the aforesaid Act; or
- make any finding with regard to alleged fraudulent actions on the part of registered persons in terms of the aforesaid Act. (These are matters that require approaches to the relevant courts).
- With regard to any matter which involves a complaint of alleged professional misconduct on the part of a person registered in terms of the aforesaid Act, SACPLAN is obliged and authorised to investigate such complaint and, where appropriate to conduct a disciplinary enquiry and to make a determination with regard to any charges which may be brought against such an accused registered person in terms of the provisions of the Act. Such determination may include the imposition of some form of sanction upon a registered person being found guilty of any contravention as stipulated in the Act which sanction may include:
- fining such person;
- suspending the registered status of the registered person for a period of time; or
- removing, permanently, the registered person’s name from the database of SACPLAN.
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