Public Service Commission Act, 1997
R 385
Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 7 : Local Public Administration and Human ResourcesPart 2 : Political structures, political office bearers and roles57A. Employment of Dismissed Staff and Record of Disciplinary Proceedings |
| (1) | Any staff member dismissed for misconduct may only be re-employed in any municipality after the expiry of a prescribed period. |
| (2) | The Minister must prescribe different periods of expiry, as contemplated in subsection (1), for different categories of misconduct. |
| (3) | Notwithstanding subsection (1) and (2), a staff member dismissed for financial misconduct contemplated in section 171 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), corruption or fraud, may not be re-employed in any municipality for a period of ten years. |
| (4) | Notwithstanding subsection (1), the Minister may prescribe acts of misconduct in respect of which no period need expire before a person may again be employed in any municipality. |
| (5) | Subject to subsection (1), a decision to employ a person dismissed for misconduct must be taken with due regard to the nature of the misconduct concerned. |
| (6) | A municipality must maintain a record that contains the prescribed information regarding the disciplinary proceedings of staff members dismissed for misconduct. |
| (7) | A copy of the record referred to in subsection (6) must be submitted to the MEC for local government on a quarterly basis. |
| (8) | The MEC for local government must, within 14 days of receipt of the record referred to in subsection (6), submit a copy thereof to the Minister. |
| (9) | The Minister must maintain a record of all staff members that have- |
| (a) | been dismissed for misconduct; or |
| (b) | resigned prior to the finalisation of the disciplinary proceedings, which record must be made available to municipalities as prescribed. |
