Question NW1076 to the Minister of Home Affairs
12 April 2023 - NW1076
van der Merwe, Ms LL to ask the Minister of Home Affairs
(1)Whether he instructed officials of his department to implement the recommendations of the report emanating from the investigation conducted by Nexia SAB&T (details furnished); if not, why not; if so, what are the relevant details? (2) what are the reasons that it has taken almost a year to action disciplinary processes against the implicated officials of whom one has since retired; (3) whether the retired official will face any consequences; if not, why not; if so, what are the relevant details?
Reply:
1. Yes, officials from the Department have been instructed to implement the recommendations from the investigative report. As such, disciplinary proceedings have been initiated.
2. The reasons for the delays were varied. The main reason was that the contract between the Department and Nexia SAB&T had lapsed. This required the Department to enter into a new arrangement with SAB&T to provide expert witness testimony during the disciplinary proceedings.
3. Yes. Misconduct charges were preferred against the official and a disciplinary hearing was convened. The recommendation of the Chairperson was that the charges be withdrawn post the official’s last working day, as the Department lacks jurisdiction to continue to pursue disciplinary proceedings against an official whose employment relationship with the Department has been terminated. Notwithstanding the above, the Department has placed a marker on the payroll system against the official’s termination type, through which the Department will be notified should the official attempt to re-enter the Public Service. This notification will allow the Department the prerogative to invoke Section 16B, subsection (4) of the Public Service Act, 1994 (Proclamation 103 of 1994), as amended, which directs as follows, should it deem expedient:
16B (4) - If an employee of a department (in this subsection referred to as 'the new department'), is alleged to have committed misconduct in a department by whom he or she was employed previously (in paragraph (b) referred to as 'the former department'), the head of the new department-
(a) may institute or continue disciplinary steps against that employee; and
(b) shall institute or continue such steps if so requested-
(i) by the former executive authority if the relevant employee is a head of department; or
(ii) by the head of the former department, in the case of any other employee.
END