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Memorandum from the Parliamentary Office
NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION 970
DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 18/03/2011
(INTERNAL QUESTION PAPER 08 OF 2011)
Dr J C Kloppers-Lourens (DA) to ask the Minister of Higher Education and
Training:
(1) How many internal disciplinary hearings were conducted against
staff of the Bloemfontein Central University of Technology in
the (a) 2007-08, (b) 2008-09 and (c) 2009-10 financial years;
(2) whether, for each of these years, any of these internal
disciplinary hearings were outsourced to be conducted by
external entities; if so, (a) how many, (b) which external
entities and (c) in each case, what was the rationale for using
an external entity to conduct an internal disciplinary hearing;
(3) whether, for all internal disciplinary hearings handled (a)
internally and (b) by external entities, the accused were (i)
found guilty and their dismissal recommended and (ii) found
guilty and corrective measures recommended; if not, what is the
position in each case; if so, what are the relevant details in
each case?
NW1088E
REPLY:
(1) (a) Jan â Dec 2007: 5 disciplinary hearings of which 1 case was
carried over to 2008
(b) Jan â Dec 2008: 5 disciplinary hearings of which 1 case was
carried over from 2007 and 4 cases were carried over to 2009
(c) Jan â Dec 2009: 10 disciplinary hearings of which 4 cases were
carried over from 2008 and 1 case was carried over to 2010 and for the
period Jan â Dec 2010: 19 disciplinary hearings of which 1 case was
carried over from 2009 and 9 cases were carried over to 2011.
(2) In most if not all cases the Presiding Officer functions have
been outsourced for the past approximately 8 - 10 years and the
Prosecuting functions in most cases have been outsourced for the past 2
â 3 years.
(a) 2007: 4 internally prosecuted and 1 externally prosecuted. 4
external presiding officers and 1 internal presiding officer were
appointed.
2008: 2 internally prosecuted and 3 externally prosecuted. 5 external
presiding officers were appointed.
2009: 7 internally prosecuted and 3 externally prosecuted. 10
external presiding officers were appointed.
2010: 2 internally prosecuted and 17 externally prosecuted. 19
external presiding officers were appointed.
(b) Internal prosecutors
Mrs JC Du Preez, Mrs E van Zyl
External prosecutors
Adv L Makua, Adv C Rex, Mr C Dell, Mr L Mokgoro, Adv H Hlatshwako
(Since removed from list), Mr LJ Lekale, Adv S Motloung
Internal presiding officers
Mr RFS Stone
External presiding officers
Adv Oberholzer, Ms C Dickens, Adv J Mthembu, Mr CF Nekosi, Adv C Rex, Mr S
Mafoyane, Mrs D Selelane, Mr M Mgcosane, Mr A Raynard, Mr S Mabalane, Adv L
Manye.
(c) Prosecuting was/is done by the Labour/Employee Relations unit, but due
to limited capacity (one person) and/or where the accused employee was from
Senior or Executive Management, this function was outsourced to labour
experts/attorneys with approval of the respective executive in terms of the
University Delegations. In order to ensure fair and objective processes,
the functions of Presiding Officers have been outsourced for approximately
the past 8 â 10 years to labour experts/attorneys in the majority of cases
with approval of the respective executive in terms of the University
Delegations with the exception of less technical cases such as absenteeism
in which case a Senior Manager or Executive Manager could be appointed as
Presiding Officer.
(3) (a) and (b) (i) For the total period of 2007 â 2010 the number of cases
where the accused were found guilty and dismissal recommended is 8.
(ii) For the total period of 2007 â 2010 the number of cases where the
accused were found guilty and corrective measures (warnings etc.)
recommended is 11.
Note: For the same period: in 2 cases the accused was found not guilty and
in 3 cases the accused resigned mid- way through the proceedings. 9 cases
are still pending.
Compiler/contact persons: Prof T Mthembu / Seputu Mampane
Ext: 5256
ACTING DIRECTOR â GENERAL
STATUS:
DATE:
QUESTION 970 APPROVED/NOT APPROVED/AMENDED
Dr B NZIMANDE, MP
MINISTER OF HIGHER EDUCATION AND TRAINING
STATUS:
DATE: