PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
NATIONAL ASSEMBLY
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FOR WRITTEN REPLY
QUESTION NO: 26
Mr J Selfe (DA) to ask the Minister of Correctional Services:
1) Whether a certain person (name furnished) was suspended; if not, what
is the position in this regard; if so, (a) when and (b) on what
grounds;
2) whether a disciplinary hearing involving the said person was held; if
not, why not; if so, (a) when and (b) what was the outcome;
(3) whether the said person appealed the outcome of the disciplinary
hearing; if not, why not; if so, (a) when and (b) what was the
outcome;
4) whether a settlement was reached between his department and the said
person; if not, why not; if so, (a) when and (b) what were the terms;
(5) whether the settlement involved the payment of money; if not, what is
the position in this regard; if so, how much?
NW28E
REPLY
1) Yes
(a) From 11 January 2010 to 03 November 2010 (date of dismissal).
(b) The suspension was pending an investigation into alleged
misconduct (misrepresentation in obtaining private accommodation with
public funds and unfair treatment of a subordinate) and the
finalisation of the disciplinary process.
2) Yes, the said person appeared on 8 charges in a pre-dismissal
arbitration that was consented to.
(a) The pre-dismissal arbitration was held in 2010 under the
auspices of the General Public Service Sector Bargaining Council
(GPSSBC).
(b) The pre-dismissal arbitration was finalised on 11 October 2010
as the said person was found guilty on 6 of the 8 charges. The
sanction of dismissal was received on 03 November 2010 from the
GPSSBC. The said person was subsequently dismissed from Department of
Correctional Services on 03 November 2010.
3) No, there was no appeal because SMS members in the Public Service
cannot appeal the outcome of disciplinary hearings. As already
mentioned, the said person was subjected to a pre-dismissal
arbitration; she also lodged an unsuccessful review of the arbitration
award in the labour court.
4) No, services were terminated on 03 November 2010 following a decision
by the chairperson of the pre-dismissal arbitration to dismiss the
said person.
5) No, only monies due in terms of salary and leave discounting were
paid.