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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) Financial misconduct as contemplated in section 81 or 82 of the Public Finance Management Act.

Ten (10) years

2.

Misconduct involving elements of dishonesty or gross negligence.

Five (5) years

3.
(a) Sexual harassment;
(b) Unfair discrimination against others on the basis of race, gender, disability , sexuality or other grounds prohibited by section 9(3) of the Constitution; or
(c) Assault with intent to do grievous bodily harm.

Five (5) years

4.

Misconduct resulting from a criminal conviction where an employee has been sentenced to imprisonment without the option of a fine.

Five (5) years

5.
(a) Use of position as a senior manager or confidential information for private gain or improperly benefit another person; or
(b) Disclosure of any privileged or confidential information obtained during the course of duty to an unauthorised person or persons.

Five (5) years

6.

Conducting business with the State as contemplated in section 8 of the Public Administration Management Act.

Five (5) years

7.

Receiving, soliciting or accepting directly or indirectly any gratification that may influence the exercise of his or her functions, the performance of his or her duties or other grounds prohibited by the Constitution.

Five (5) years

8.

Any other act of misconduct.

Two (2) years

[Regulation 61(1) Table substituted by section 26(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

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

 

(3) Notwithstanding subregulation (1) an employee who is deemed to have been dismissed in terms of section 17(3)(a) of the Act and who is not re-instated 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.

[Regulation 61(3) substituted by section 26(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]