Correctional Services Act, 1998 (Act No. 111 of 1998)

Regulations for the Administration of the Department of Correctional Services of the Republic of South Africa

Schedule A – 2007

2. Principles

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The following principles are embraced in the Code and Procedure and must inform any decision to discipline an employee.

 

2.1Discipline is a corrective measure and not a punitive one.

 

2.2Discipline must be applied in a prompt, fair, consistent, uniform, timely, impartial, confidential and progressive manner.

 

2.3Discipline is a line management function.

 

2.4A disciplinary code is necessary for the efficient delivery of service and the fair treatment of employees, and ensures that they:
2.4.1Have a fair hearing in a formal or informal setting;
2.4.2Are timeously informed of allegations of misconduct made against them;
2.4.3Receive written reasons for a decision taken; and
2.4.4Have the right to appeal against any decision.

 

2.5As far as possible, disciplinary procedures shall take place in the place of work and be understandable to all employees.

 

2.6If an employee commits misconduct that is also a criminal offence, the criminal procedure and the disciplinary procedure will continue as separate and different proceedings.

 

2.7Disciplinary proceedings do not replace or seek to imitate court proceedings.

 

2.8The Disciplinary Code and Procedures constitutes a framework within which departmental policies may be developed to address appropriate circumstances, provided such policies do not deviate from the provisions of the framework.

 

2.9In the event that the employee denies an allegation of less serious misconduct, a formal disciplinary hearing may be instituted.

 

2.10Employees can only be disciplined for work related misconduct.