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Legal Affairs

The core functions of the Legal Affairs section are to:

  1. Provide corporate legal support services to the SANC
  2. Institute and defend all litigation matters on behalf of and against the SANC
  3. Assist with the drafting of all relevant legislation
  4. Conduct inspections and investigations of accredited and legal Nursing Education Institutions
  5. Conduct any other inspections or investigation ordered by the Registrar
  6. Lead the prosecution in an inquiry into any complaint of unprofessional conduct or misconduct against any practitioner in terms of the Nursing Act and
  7. Render legal support to all standing or working committees of the Council or the Administration

Critical milestones

In adhering to its functions in terms of the Nursing Act 33 of 2005, the Legal Affairs department also renders services to the following Committees of Council:

i. Professional Conduct Committee
The function of the Committee is to conduct inquiries or formal hearings into any complaint or allegation of unprofessional conduct or misconduct, referred to it by the Preliminary Investigating Committee in terms of section 46 of the Nursing Act. The Committee will then make a finding and decide on an appropriate sanction, based on the evidence before the Committee in terms of section 47(1) of the Act.

ii. Disciplinary Appeals Committees
These ad hoc Committees are appointed in terms of section 15(4) of the Act to deal with appeals of persons who are not satisfied with the findings of and/or sanctions from the Professional Conduct Committee.