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

Regulations

Public Service Regulations, 2016

Chapter 4 : Employment Matters

Part 4 : Appointments and other employment matters

61. Prohibition on re-employment of former employees dismissed for misconduct

 

(1) A former employee dismissed in terms of section 17(2)(d) of the Act for misconduct listed below shall not be re-appointed in the public service for the applicable period from the date of dismissal in relation to the kind of misconduct indicated in the table below:

 

 

ACT OF MISCONDUCT

PERIOD OF PROHIBITION

1.

(a) The offering or receipt of any undue gratification or the facilitation of such offering or receipt; or
(b) Committing theft or fraud; or
(c) Conducting business with any organ of state or being a director of a public or private company  conducting business with an organ of state; or
(d) Misconduct resulting from a criminal conviction where an employee has been sentenced for two or  more years imprisonment, without the option of a fine.

Five years

2.

(a) Sexual harassment; or
(b) Unfair discrimination against others on the basis of race, gender, disability, sexuality or other grounds prohibited by section 9(3) of the Constitution.

Four years

3.

(a) Financial misconduct as contemplated in section 81 or 82 of the Public Finance Management Act; or
(b) Misconduct resulting from a criminal conviction where an employee has been sentenced for less than two years imprisonment, without the option of a fine.

Three years

4.

Contravention of any provision of regulations 11 to 14 of Chapter 2 of these Regulations other than misconduct referred to in items 1 to 3.

One year

 

(2) If an employee is dismissed for more than one act of misconduct, the prohibition on re-appointment shall run concurrently.

 

(3) An employee who is deemed to have been dismissed in terms of section 17(3)(a) of the Act and who is not reinstated in terms of section 17(3)(b), shall not be re-appointed in the public service for a period of one year after the effective date of his or her deemed dismissal.