Contingency Fees Act, 1997
R 385.00
Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaSchedule A - 20098. Appeal |
| 8.1 | An employee may appeal a finding or sanction by completing Annexure E. |
The appeal shall be in the form of a documentary (paper appeal).
| 8.2 | The employee must, within five working days of 'the receiving notice of the final outcome of a hearing or other disciplinary procedure, submit the appeal form to her or his Personnel Office or to her Dr his manager/supervisor, who must acknowledge receipt thereof and who shall then forward it to the appeal authority. |
| 8.3 | The appeal authority may, on good cause shown, condone the late lodging of an appeal. |
| 8.4 | The appeal authority, who shall consider the appeal in non-dismissal cases, shall be: |
| 8.4.1 | A manager of higher grade than the chairperson of the original hearing; and |
| 8.4.1.1 | Who was not involved in the decision to institute the disciplinary proceeding. |
| 8.5 | The appeal authority, who shall consider the appeal in dismissal cases, shall be: |
| 8.5.1 | The Deputy Regional Commissioner/Deputy Commissioner may be assisted by the Regional Head Corporate Services and Regional Co-Ordinators of Employee Relations and Legal Services, and who |
| 8.5.1.1 | Was not involved in the decision to institute the disciplinary proceeding. |
| 8.6 | If the persons referred to in paragraphs 8.4 and 8.5 require a hearing (new evidence), she or he shall notify the employee of the date and place. |
| 8.7 | The appeal authority may: |
| 8.7.1) | Find the appellant not guilty and set aside the verdict and sanction; or |
| 8.7.2) | Confirm the verdict of the disciplinary hearing and reduce the sanction; or |
| 8.7.3) | Confirm the verdict and sanction of the disciplinary proceeding; or |
| 8.7.4) | Order a hearing de novo i.e. a complete re-hearing by a new impartial chairperson, only if found that the initial hearing contained gross procedural errors that were material to the employee's dismissal. |
The appeal authority must provide reasons for his or her decision.
The Department must finalise appeals within 30 working days from the date of the receipt of the appeal , failing which, in cases where the employee is on suspension after dismissal, he/she (after the expiry of the 30 working days) must resume duties immediately and await the outcome of the appeal. The Area Commissioner shall decide on the placement of the employee.
