Statistics Act, 1999
R 385
Geoscience Act, 1993 (Act No. 100 of 1993)22. Recovery of losses and damage |
| (1) | If a person who is or was in the employment of the Council caused the Council any loss or damage because he— |
| (a) | failed to collect money due to the Council and for the collection of which he is or was responsible; |
| (b) | is or was responsible for an irregular payment of money of the Council or for a payment of such money not supported by a proper voucher; |
| (c) | is or was responsible for fruitless expenditure of money of the Council owing to an omission to carry out his duties; |
| (d) | is or was responsible for a deficiency in, or for the destruction of, or damage to, the Council's money, stamps, face value documents and forms having a potential value, securities, equipment, stores or any other property of the Council; |
| (e) | is or was responsible for a claim against the Council owing to an omission to carry out his duties, |
the accounting officer shall determine the amount of such loss or damage, and may order that person, by notice in writing, to pay to the Council, within 30 days from the date of such notice, the whole or any part of the amount so determined.
| (2) | If a person who is in the employment of the Council and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount may, subject to the provisions of subsections (4), (5) and (6), be deducted from his or her monthly salary: Provided that such deduction shall not in any month exceed a fourth of his or her monthly salary. |
[Subsection (2) substituted by section 22(a) of Act No. 16 of 2010]
| (3) | If a person who was in the employment of the Council and who has in terms of subsection (1) been ordered to pay an amount, fails to pay the amount within the period stipulated in the notice in question, the accounting officer shall, subject to the provisions of subsections (4), (5) and (6), recover on behalf of the Council the amount from the person concerned by legal process. |
| (4) | If a person who has in terms of subsection (1) been ordered to pay an amount, offers within the period stipulated in the notice in question, to pay the amount in instalments, the accounting officer may allow payment in such instalments as he may consider reasonable. |
| (5) | A person who has in terms of subsection (1) been ordered to pay an amount, may within a period of 30 days from the date of such order appeal in writing against such order to the Board, stating the grounds for his or her appeal, and the Board may, after such investigation as it may deem necessary, dismiss the appeal, or order that the appellant be exempted, either wholly or partly, as the Board may deem fair and reasonable, from the payment of such amount. |
[Subsection (5) substituted by section 22(b) of Act No. 16 of 2010]
| (6) | A person who has in terms of subsection (1) been ordered to pay an amount may, instead of appealing to the Board under subsection (5), apply within a period of 30 days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it is not convinced by the accounting officer on the merits of the case that the order was rightly made or that the amount is correct, make an order setting aside such first-mentioned order or reducing that amount, as the case may be. |
[Subsection (6) substituted by section 22(c) of Act No. 16 of 2010]
