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Public Service Act, 1994 (Act No. 103 of 1994)

Chapter V : Termination of Service

16B. Discipline


(1) Subject to subsection (2), when a chairperson of a disciplinary hearing pronounces a sanction in respect of an employee found guilty of misconduct, the following persons shall give effect to the sanction:
(a) In the case of a head of department, the relevant executive authority; and
(b) in the case of any other employee, the relevant head of department.


(2) Where an employee may lodge an internal appeal provided for in a collective agreement or in a determination in terms of section 3(5), a sanction referred to in subsection (1) may only be given effect to-
(a) if an internal appeal is lodged, after the appeal authority has confirmed the sanction pronounced by the chairperson of a disciplinary hearing; or
(b) if no internal appeal is lodged, after the expiry of the period within which the appeal must have been lodged.


(3) The Minister shall by regulation make provision for—
(a) a power for chairpersons of disciplinary hearings to summon employees and other persons as witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents and other objects; and
(b) travel, subsistence and other costs and other fees for witnesses at disciplinary hearings.


(4) If an employee of a department (in this subsection referred to as 'the new department'), is alleged to have committed misconduct in a department by whom he or she was employed previously (in paragraph (b) referred to as 'the former department'), the head of the new department—
(a) may institute or continue disciplinary steps against that employee; and
(b) shall institute or continue such steps if so requested—
(i) by the former executive authority if the relevant employee is a head of department; or
(ii) by the head of the former department, in the case of any other employee.


(5) In order to give effect to subsection (4), the two relevant departments shall co-operate, which may include exchanging documents and furnishing such written and oral evidence as may be necessary.


(6) If notice of a disciplinary hearing was given to an employee, the relevant executive authority shall not agree to a period of notice of resignation which is shorter than the prescribed period of notice of resignation applicable to that employee.


[Section 16B inserted by section 24 of Act No. 30 of 2007]