South African Veterinary Council and Another v Veterinary Defence Association

The South African Veterinary Council convened a disciplinary tribunal under the Veterinary and Para-Veterinary Professions Act 19 of 1982, which found a veterinarian, Dr SB Krawitz, guilty of unprofessional, improper or disgraceful conduct for allegedly failing to render necessary timeous veterinary assistance to a dog admitted to his clinic. The finding was based largely on the fact that Dr Krawitz elected not to testify at the inquiry. The Veterinary Defence Association, of which Dr Krawitz was a member, brought review proceedings in the High Court to set aside the finding, alleging procedural unfairness and that the tribunal convicted Dr Krawitz despite the absence of a prima facie case. The High Court set aside the finding. The Veterinary Council and the tribunal chairperson appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the High Court order setting aside the disciplinary finding against Dr Krawitz was confirmed.

The case is important for South African administrative and professional disciplinary law as it clarifies that disciplinary tribunals must still establish a prima facie case before drawing adverse inferences from a respondent’s failure to testify. It reinforces procedural fairness under section 33 of the Constitution and confirms that professional associations may, in appropriate circumstances, have standing to challenge administrative action affecting their members.