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

Regulations

Individual Grievances Regulations, 2016

16. Grievance Board

 

(1) The Chief of Human Resources of the Department must, with the concurrence of the Secretary for Defence and the Chief of the Defence Force—
(a) establish a Grievance Board to deal with all grievances received; and
(b) constitute a secretariat for the Grievance Board.

 

(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 official 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, and if the condonation is refused, the Secretary for Defence or the Chief of the Defence Force, as the case may be, must within 10 working days take a final decision.
(b) if the grievance cannot be recommended on 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), make a recommendation within 30 working days or the extended time, and, after the decision contemplated in regulation 5(e), notify the member or employee in writing of the decision of the Secretary for Defence or the Chief of the Defence Force and the reasons therefor;
(d) issue the necessary instructions to the authorities concerned for the implementation of the decision of the Secretary for Defence or the Chief of the Defence Force; and
(e) report annually, through the Secretary for Defence or the Chief of the Defence Force, to the Minister on its activities.