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

Chapter V : Termination of Service

16A. Failure to comply with Act

 

(1) An executive authority shall—
(a) immediately take appropriate disciplinary steps against a head of department who does not comply with a provision of this Act or a regulation, determination or directive made thereunder;
(b) immediately report to the Minister the particulars of such non-compliance; and
(c) as soon as possible report to the Minister the particulars of the disciplinary steps taken.

 

(2) A head of a department shall—
(a) immediately take appropriate disciplinary steps against an employee of the department who does not comply with a provision of this Act or a regulation, determination or directive made thereunder;
(b) immediately report to the Director-General: Public Service and Administration the particulars of such non-compliance; and
(c) as soon as possible report to that Director-General the particulars of the disciplinary steps taken.

 

(3) The Minister may report to the Cabinet or, through the relevant Premier, to the Executive Council of the relevant province any non-compliance by an executive authority with a provision of this Act or a regulation, determination or directive made thereunder.

 

(4) The Minister shall at least annually submit to the relevant committees of Parliament dealing with matters relating to the public service and, through the relevant Premier, to any similar committee of the relevant provincial legislature, every non-compliance with a provision of this Act or a regulation, determination or directive made thereunder—
(a) reported in terms of subsection (1) or (2); or
(b) confirmed in an investigation in terms of section 5(8).

 

[Section 16A inserted by section 24 of Act No. 30 of 2007]