Post and Telecommunication-related Matters Act, 1958 (Act No. 44 of 1958)Chapter II : Finance12R. Recovery of losses and damages |
| (1) | If a person who is or was in the employ of the department caused the department any loss or damage because he— |
| (a) | failed to collect moneys for the collection of which he is or was responsible; |
| (b) | is or was responsible for an irregular payment of moneys or for a payment of moneys not supported by a proper voucher; |
| (c) | is or was responsible for fruitless expenditure of moneys due to an omission to carry out his duties; |
| (d) | is or was responsible for a deficiency in, or for the destruction of, or damage to, moneys, stamps, face value documents and forms having a potential value, securities, equipment, stores or any other property of the department; |
| (e) | due to an omission to carry out his duties or in any other manner, is or was responsible for a claim against the department, |
the Director-General shall determine the amount of such loss or damage or, in a case where property of the department has been lost or destroyed, the amount which has to be paid by the department for the replacement of the property, and, subject to the provisions of subsection (5), order, by notice in writing, the said person to pay to him, within thirty days from the date of such notice, the amount so determined.
[Subsection (1) amended by section 6(a) of Act No. 7 of 1986]
| (2) | If a person who is in the employ of the department and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount shall, subject to the provisions of subsections (4), (6) and (7), be deducted from his monthly salary: Provided that such deduction shall not in any month exceed one-fourth of his monthly salary. |
| (3) | If a person who was in the employ of the department owes money to the department by virtue of his having in terms of subsection (1), been ordered to pay an amount, the Director-General may postpone the payment of any salary, wage or allowance which may be payable to that person and, if the said person fails to pay the amount owing within the period stipulated in the notice in question, the Director-General may, subject to the provisions of subsections (4), (6) and (7), apply so much of such salary, wage or allowance towards the diminution or extinguishment of such debt and pay the balance (if any) of the said salary, wage or allowance to the person in question, or if the said debt has not been so extinguished, recover the whole or the outstanding portion thereof, as the case may be from the person concerned by legal process. |
[Subsection (3) substituted by section 6(b) of Act No. 7 of 1986]
| (4) | If a person who has been ordered to pay an amount in terms of subsection (1) makes, within the period stipulated in the notice in question, an offer to pay the amount in instalments, the Director-General may allow payment in such instalments as he may; consider reasonable: Provided that if the redemption of the amount in terms of the offer will not be effected within a period of twelve months calculated from the date on which the first instalment is payable, the Director-General may approve that such amount be paid over a period in excess of the period mentioned, and may determine the other terms and conditions subject to which the amount shall be paid. |
| (5) | If for any reason whatsoever the Director-General is of the opinion that the amount of any loss or damage referred to in subsection (1) should not be recovered or should be recovered in part only from the person responsible therefor, he may exempt that person from payment of the whole or a portion of such amount. |
| (6) | A person who has in terms, of subsection (1) been ordered to pay an amount may within a period of thirty days from the date of such order in writing request the Director-General, stating the grounds for his request, to exempt him from payment of the whole or a portion of such amount in terms of subsection (5), and if the Director-General refuses to exempt such person in accordance with his request from the payment of the whole or a portion of the amount in question, such person may within thirty days after, he has been notified in writing of any such refusal, appeal against such refusal to the Minister, and the Minister may, after such further investigation as he may deem necessary, dismiss the appeal or order that the appellant be exempted either wholly or partly, according as he may consider fair and reasonable, from the payment of such amount. |
| (7) | A person who has in terms of subsection (1) been ordered to pay an amount may, instead of appealing to the Minister under subsection (6), apply within a period of thirty days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount, and the court may upon such an application, if it is not convinced by the Director-General on the merits of the case that the order was rightly made or that that amount is correct, make an order setting aside such first mentioned order or reducing that amount, as the case may be. |
| (8) | If an amount is in terms of subsection (5), (6) or (7) reduced, the reduced amount shall mutatis mutandis be recovered in accordance with the provisions of subsections (1), (2), (3) and (4). |
[Section 12R inserted by section 5 of Act No. 113 of 1976]