The Argus Commission, asked to examine the interface between academic pharmacy and education programs in dentistry, optometry, and podiatry, envisioned a primary health care team and considered mechanisms for encouraging development of such teams and reducing competition. Executive committee, professional conduct committee, appeal committee, education committees, and other committees (1) (a) For the purposes of performing its functions or duties and exercising its powers in terms of this Act, the Council must establish an executive committee of the Council to so exercise the powers and perform the functions or duties of the Council, subject to paragraph (b), during the periods between the meetings of the Council. (i) (ii) (b) The executive committeedoes not have, except in so far as the Council otherwise directs in writing, the power to set aside or amend any decision of the Council; and must report to the Council in writing, at the first meeting of the Council after a power, duty or function had been exercised or performed by the executive committee, that it had so exercised or performed such power, duty or function, including such other particulars relating thereto as the Council may require. (c) The Council may amend or set aside, at the meeting referred to in subparagraph (ii) of paragraph (b), any decision or act of the executive committee made or performed in terms of that paragraph. (d) The executive committee must consist of the president, the vice-president and not less than two other members of the Council elected by the Council from their number. (e) The president will be the chairperson of the executive committee. (2) (a) The Council must establish a standing professional conduct committee to exercise the disciplinary powers of the Council set out in Part V. (b) The professional conduct committee may consist, subject to paragraph (c), of such number of persons, including persons who are not members of the Council, as the Council may determine and appoint in writing to such committee. (c) The professional conduct committee must consist of not less than(i) two registered persons; (ii) one legal practitioner having not less than ten years experience in the practising of law; and (iii) one other person who is not a registered person. (d) The registered persons referred to in subparagraph (i) of paragraph (c) will be subject to subsection (5) of section 22. (e) The president will be the chairperson of the professional conduct committee. (f) The professional conduct committee, when conducting an inquiry in terms of Part V in respect of any registered person, may co-opt two other registered persons practising the profession of the registered person in respect of whom the inquiry is conducted, to act as members of such committee for the purpose of such inquiry. (g) If the profession referred to in paragraph (f) does not have two registered members who may be co-opted as members of the professional conduct committee in terms of that paragraph, such committee may so co-opt two other persons who have, in the opinion of such committee, sufficient knowledge of the scope of practice, and sufficient experience in the practising, of such profession. (h) A decision of the majority of the members of the professional conduct committee at any meeting thereof constitutes a decision of such committee. (i) In the event of an equality of votes relating to any decision to be made by the professional conduct committee at any meeting thereof, the chairperson has a casting vote in addition to his or her deliberative vote. (i) (ii) (j) The chairperson of the professional conduct committee mustcause a written record to be kept of the proceedings of all the meetings of such committee; and submit to the registrar a copy of the written record referred to in subparagraph (i), including the decision made in terms of paragraph (h), as soon as practicable after the conclusion of the meeting concerned. (k) When the registrar receives, in terms of paragraph (j) (ii), copies of the written record and of the decision concerned, he or she must submit such copies to all the members of the Council for ratification by those members of such decision of the professional conduct committee. (l) Section 11(7) (b) applies, with the necessary changes, to the ratification by the Council of a decision of the professional conduct committee. (m) The registrar may submit, notwithstanding paragraph (k), the copies of the written record and of the decision of the professional conduct committee referred to in that paragraph, to a meeting of the Council for ratification of such decision, if such meeting had been convened to take place within a period of 21 days from the date of the receipt by the registrar of such copies of the record and decision. (n) Unless the Council ratifies a decision of the professional conduct committee, such decision will be null and void ab initio. (3) (a) The Council must establish an appeal committee consisting ofa retired Judge, or a retired magistrate, or a retired Senior Counsel, or a Senior Counsel, who will be the chairperson of the appeal committee; (ii) one or more members of the Council as the Council may determine; (iii) one person who is a member of any Professional Council established in Namibia by or in terms of any law relating to any health profession to which this Act does not apply; and (iv) one person who is not a registered person in terms of this Act or in terms of any law referred to in subparagraph (iii). (i) (b) For the purposes of this section"Judge" means the Chief Justice or a Judge of the Supreme Court of Namibia referred to in Article 79(1), or the Judge-President or a Judge of the High Court of Namibia referred to in Article 80(1), of the Namibian Constitution; (ii) "magistrate" means a magistrate as defined in section 1 of the Magistrates Act, 2003 (Act 3 of 2003), and who, upon the date of his or her retirement, had served as a magistrate for a period of not less than 20 years; and (iii) "Senior Counsel" means a legal practitioner appointed by the President as a Senior Counsel of Namibia in terms of section 79(3) of the Legal Practitioners Act, 1995 (Act 15 of 1995). (i) (c) The appeal committee, when conducting an appeal, must co-opt two registered persons practising the profession of the registered person who appealed to such committee against the decision or the finding made, or the penalty imposed, or the refusal or failure to make a decision, as the case may be, by the Council or by the professional conduct committee, to act as members of the appeal committee for the purpose of such appeal. (d) If the profession referred to in paragraph (c) does not have two registered members who may be co-opted as members of the appeal committee in terms of that paragraph, such committee must so co-opt two other persons who have, in the opinion of such committee, sufficient knowledge of the scope of practice, and sufficient experience in the practising, of such profession. (e) The appeal committee must conduct an appeal in accordance with section 52. (i) (f) The chairperson of the appeal committee mustdetermine the procedures to be followed at a meeting of the appeal committee, including the requirements for a quorum, the procedures relating to the making of decisions and the manner of voting, if such procedures, requirements or manner of voting has not been prescribed; cause a written record to be kept of the proceedings of the meeting at which the appeal concerned is considered; and furnish the Council with a copy of the record kept in terms of subparagraph (ii) as soon as practicable after the conclusion of the meeting concerned. (g) The appeal committee may co-opt any other person to assist such committee in the conducting of an appeal. (h) No person who is a member of the professional conduct committee or of the preliminary investigation committee may be a member of the appeal committee. (4) (a) The Council must establish a standing education committee, consisting of such number of persons, including persons who are not members of the Council, as the Council may determine and appoint to such committee. (b) The education committee established in terms of paragraph (a) mustadvise the Council with regard to; and investigate and report to the Council in writing on any matter relating to, any requirement or qualification pertaining to the registration, education, tuition or training of persons in or relating to the professions to which this Act applies. (c) The presidentwill be the chairperson of the education committee; and must determine the procedures to be followed at the meetings of the education committee. (5) (a) The Council must establish a standing preliminary investigation committee, consisting of that members as the Council may determine. (b) The preliminary investigation committeemust conduct a preliminary investigation into any matter in respect of which the Council or the professional conduct committee is to conduct an inquiry in accordance with Part V, and referred to it by the Council or the professional conduct committee, as the case may be; (ii) must submit a written report to the Council or the professional conduct committee, as the case may be, relating to the preliminary investigation conducted in terms of subparagraph (i), including its findings and recommendations in respect of the matter concerned; (iii) must perform such other functions as the Council may determine and inform such committee in writing; and (iv) may co-opt one or more registered persons as members of such committee. (i) (c) The Council must appoint the members of the preliminary investigation committee, including the chairperson thereof. (d) The president and the vice-president may not be members of the preliminary investigation committee. (e) The chairperson of the preliminary investigation committee must determine the procedures to be followed at the meetings of the preliminary investigation committee. (6) (a) The Council may establish from time to time one or more committees, consisting of such number of persons, including persons who are not members of the Council, as the Council may determine and appoint thereto in writing. (b) The functions of a committee established in terms of paragraph (a) will beto advise the Council on such matters as it may refer; or to assist the Council in the exercise of such of its powers or the performance of such of its duties or functions in terms of this Act as the Council may delegate or assign, to the committee concerned. (c) The Council may appoint the members of a committee established in terms of paragraph (a) pursuant toa decision of the Council; or a nomination, given to the Council in writing, upon the Council's written invitation, by the association, if any, of the profession concerned. (d) A delegation or assignment by the Council in terms of paragraph (b) (ii)(i) must be made in writing; (ii) may be made subject to such conditions and restrictions as the Council may determine; and (iii) may be withdrawn or amended by the Council at any time. (e) The Council is not divested of any power delegated in terms of this subsection, and may amend or set aside any decision made by a committee established in terms of paragraph (a) in the exercise of a power so delegated. (i) (ii) (f) The Council maydissolve or reconstitute, at any time; and designate one of the members as the chairperson of, a committee established in terms of paragraph (a). (7) Sections 11(5), (6) (b), (7), (8), (9) and (10) apply with the necessary changes to the meetings of a committee referred to in subsection (1), (4), (5) and (6). (8) (a) If a committee is unable, for any reason, to reach a decision on any matter, such committee must refer such matter to the Council for a decision. (b) A decision of the Council on any matter referred to it in terms of paragraph (a) will be regarded as a decision of the committee concerned. (9) A person appointed in terms of this section to a committee may vote on any matter before such committee. (10) The Council may remove from office any member of any committee referred in this section, including an elected or a nominated member, if the Council is reasonably satisfied, after having given that member an opportunity to be heard, that that memberis physically or mentally unfit or unable to effectively perform his or her duties as a member; has neglected his or her duties as a member; or has divulged, contrary to section 11(10) (a), a matter which has been entrusted to that member. (11) Unless otherwise provided for in this Act, a committee established by or in terms of this section must meet at such times and places as the Council may determine and inform such committee in writing.

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