South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)RegulationsRegulations for the Staff of the Human Rights Commission, 1996Chapter IX : Disciplinary Measures20. Investigation |
| (1) | The chief executive officer may appoint a person or persons to investigate any charge of misconduct against a member of staff and to report his or her or their findings to him or her. |
| (2) | The person or persons referred to in subregulation (1) may, for the purposes of the said investigation, obtain affidavits from any other person, including the member of staff against whom the investigation is being conducted. |
| (3) | If the person or persons referred to in subregulation (1) finds that sufficient grounds for disciplinary action against the member of staff concerned exist, that person or persons shall recommend to the chief executive officer that the member of staff concerned be subjected to a disciplinary hearing. |
| (4) | If the chief executive officer receives a recommendation referred to in subregulation (3), the chief executive officer shall without delay appoint a committee consisting of one or more persons to conduct the disciplinary hearing, as well as a person to present evidence against the member of staff concerned. |
| (5) | At a disciplinary hearing— |
| (a) | the member of staff concerned shall at least seven days before the date on which the hearing will be held, be furnished with a written notice in which the date, time and place of the hearing shall be indicated and he or she shall be supplied with a complete charge sheet; |
| (b) | the member of staff concerned shall be entitled to be represented; |
| (c) | the member of staff concerned may cross-examine witnesses against him or her, state his or her case and present evidence in this regard; and |
| (d) | the member of staff concerned may, if he or she is found guilty, present evidence in mitigation. |
| (6) | If the committee referred to in subregulation (4) finds that the member of staff concerned is guilty of misconduct, that committee may, according to the nature and severity of the misconduct and after consideration of other relevant information, including mitigating evidence referred to in subregulation (5)(d)— |
| (a) | caution or reprimand the member of staff; |
| (b) | withhold his or her salary notch increase for a period of not longer than two years; |
| (c) | reduce his or her salary notch or grade or both his or her salary notch and grade; or |
| (d) | dismiss him or her from service. |
| (7) | If the member of staff concerned feels aggrieved by the finding or sentence or both the finding and sentence of the committee referred to in subregulation (4), that member of staff may within seven days after such finding or sentence appeal against it to the chief executive officer. |
| (8) | The chief executive officer shall make a decision after consideration of the minutes of the disciplinary hearing and any other information that he or she deems necessary and inform the member of staff concerned and the Commission accordingly. |
| (9) | If the member of staff concerned feels aggrieved by the decision referred to in subregulation (8), the member of staff concerned may within five working days appeal to the Commission and the Commission shall make a decision within five working days and notify the chief executive officer and member of staff concerned accordingly. |
| (10) | The decision referred to in subregulation (9) shall be final and bind the member of staff concerned. |