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Foreign Service Act, 2019 (Act No. 26 of 2019)

6. Recall of member of Foreign Service

 

(1) A member of the Foreign Service may be recalled to the Republic by the Director-General if, after an inquiry in the prescribed manner, such a member is found guilty of misconduct in terms of the disciplinary code applicable to that member.

 

(2) A member of the Foreign Service under investigation for misconduct in terms of subsection (1) may be recalled to the Republic by the Director-General pending the finalisation of such inquiry.

 

(3) An act constituting misconduct and which is committed outside the Republic by a member of the Foreign Service must be deemed to have been committed in the Republic.

 

(4) The inquiry contemplated in subsection (1) may be held in the Republic or where the member of the Foreign Service concerned was transferred.

 

(5)

(a) A member of the Foreign Service must be recalled to the Republic by the Director-General—
(i) when the Republic ceases to have diplomatic or consular representation in the foreign State where the member was transferred;
(ii) if the member is declared persona non grata by the State where that member was transferred; or
(iii) at the request of the State where that member was transferred.
(b) A member of the Foreign Service may be recalled to the Republic, where such circumstances arise that would warrant the recall of that member, in the interest of the Republic.

 

(6) A member of the Foreign Service may be recalled to the Republic at the request of that member.

 

(7) With the exception of subsection (5), the Director-General may only recall a member of the Foreign Service that is employed by a national department other than the Department on written request from the head of the national department where that member is employed.