Cognisance by Council of conduct of registered persons under certain circumstances (1) Every registered person who, either before or after registration, has been convicted of any offence by a court of law may be dealt with by the Council in terms of the provisions of this Part, if the Council is of the opinion that such offence constitutes unprofessional conduct. (2) A registered person referred to in subsection (1) is liable upon proof of the conviction referred to in that subsection, to any one or more of the penalties referred to in section 41(1). (3) The Council must afford, before the Council imposes upon the registered person concerned any penalty referred to in subsection (2), that registered person the opportunity, by himself or herself or through a legal practitioner, to tender an explanation to the Council in mitigation of the conduct concerned. (4) If in the course of any proceedings before any court of law it appears to the court that there is proof until the contrary is proven of unprofessional conduct on the part of a registered person, or of conduct which, when regard is had to that person's profession, is unprofessional, the court must direct that a copy of the record of such proceedings, or such portion thereof as is material to such conduct, be submitted to the Council. (5) The Council may request from the clerk of any court a transcript of any proceedings finalised before such court and which has relevance to any inquiry conducted by the Council. (6) The clerk of the court referred to in subsection (5) must make the transcript referred to in that subsection available to the Council as soon as practicable.

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