In terms of the Disciplinary Code and Procedure, discipline is a management function, and the PSC does not have the mandate to interfere in the disciplinary process. This position was confirmed by a legal opinion obtained by the PSC from the Office of the Chief State Law Advisor.
However, as part of its monitoring and advisory mandate, the PSC held a meeting with DPSA on 28 May 2021 to deliberate on, amongst others, the issue of disciplinary management and prolonged suspensions. The DPSA indicated that they have procured a service provider to assist them to develop a strategy on how to deal with the backlog of disciplinary cases. In order to contribute to the formulation of the strategy, the PSC and DPSA explored various options, including the following:
The PSC is awaiting further engagements with DPSA on the development of the strategy and the PSC continues to urge departments to ensure that disciplinary matters are concluded timeously in the interest of sound labour relations and service delivery.
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