Foreign Service Act, 2019 (Act No. 26 of 2019)6. Recall of member of Foreign Service |
| (1) | A member of the Foreign Service may be recalled to the Republic by the Director-General if, after an inquiry in the prescribed manner, such a member is found guilty of misconduct in terms of the disciplinary code applicable to that member. |
| (2) | A member of the Foreign Service under investigation for misconduct in terms of subsection (1) may be recalled to the Republic by the Director-General pending the finalisation of such inquiry. |
| (3) | An act constituting misconduct and which is committed outside the Republic by a member of the Foreign Service must be deemed to have been committed in the Republic. |
| (4) | The inquiry contemplated in subsection (1) may be held in the Republic or where the member of the Foreign Service concerned was transferred. |
(5)
| (a) | A member of the Foreign Service must be recalled to the Republic by the Director-General— |
| (i) | when the Republic ceases to have diplomatic or consular representation in the foreign State where the member was transferred; |
| (ii) | if the member is declared persona non grata by the State where that member was transferred; or |
| (iii) | at the request of the State where that member was transferred. |
| (b) | A member of the Foreign Service may be recalled to the Republic, where such circumstances arise that would warrant the recall of that member, in the interest of the Republic. |
| (6) | A member of the Foreign Service may be recalled to the Republic at the request of that member. |
| (7) | With the exception of subsection (5), the Director-General may only recall a member of the Foreign Service that is employed by a national department other than the Department on written request from the head of the national department where that member is employed. |