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Defence Act, 2002 (Act No. 42 of 2002)

Regulations

Individual Grievances Regulations, 2010

16. [Repealed] Grievance Board

 

(1) The Chief of Human Resources of the Department must establish a Grievance Board to deal with all grievances received.

 

(2) The Grievance Board must consider a grievance against the Chief of a Service or Division after receipt, and if it—
(a) does not comply with the requirements of a grievance; or
(b) was not lodged within 90 working days after the act or omission concerned and no condonation has been obtained,

in writing inform the member or employee concerned that the grievance cannot be accepted.

 

(3) If a grievance is not referred to the Grievance Board in accordance with the procedure contemplated in regulation 15(1) the secretariat must in writing inform the member or employee concerned that the grievance cannot be accepted.

 

(4) The Grievance Board may—
(a) through its chairperson—
(i) notify or summons any person to appear before it to testify or produce any document or object; and
(ii) administer the oath to, or get a solemn affirmation from, any person appearing before it; and
(b) obtain any written or oral statements, evidence or arguments on any matter before it.

 

(5) The Grievance Board must—
(a) within 30 working days of receipt of an application for condonation in terms of regulation 6(3), take a decision and in writing inform the applicant of the decision;
(b) if the grievance cannot be finalised within the 30 working days contemplated in regulation 5(d), in writing—
(i) inform the member or employee that the grievance cannot be finalised;
(ii) furnish reasons for the delay; and
(iii) inform the member or employee of the extended time needed to finalise the grievance;
(c) Subject to subregulations (2) and (3), take a decision on a grievance within 30 workings days or the extended time, and notify the member or employee in writing of its decision and the reasons for the decision;
(d) issue the necessary instructions to the authorities concerned for the implementation of its decisions; and
(e) report annually to the Minister on its activities.