S.L. const.3 Art. 3Powers of the Commission.

(1) Nothing in these regulations shall prevent the

Commission, with the consent of the Prime Minister, from issuing directives and guidelines to delegated authorities concerning the interpretation and operation of these regulations and the exercise of any functions assigned to them under these regulations or delegated to them under article 110 of the Constitution.

(2) An instrument of delegation issued under article 110 of the Constitution may provide for a penalty which shall not exceed fifteen (15) working days suspension without pay and a warning of dismissal.

(3) Notwithstanding anything in these regulations, the Commission shall have power to take or to refrain from taking such action as it may deem appropriate to take or not to take in the circumstances, and any request or directive by the Commission, if it deems fit in the particular circumstances, to any public officer, board or other authority, other than the Prime Minister, performing functions under these regulations or otherwise under the authority or on behalf of the Commission, shall be complied with by any such public officer, board or authority.

(4) The Commission may, at its discretion, enquire into the exercise of disciplinary control by any Head of Department.

(5) Where the Commission considers that a Head of Department has abused or misused his delegated authority or has failed to exercise proper disciplinary control within his area of jurisdiction, it may recommend to the Prime Minister that the instrument of delegation in respect of that Head of Department be, partly or fully withdrawn and, where appropriate, that disciplinary action be taken in terms of these regulations.

(6) Where the Commission is satisfied that a public officer, board or other authority, other than the Prime Minister, performing functions under these regulations has -

(a) failed to comply with any direction or ruling given by the Commission under these regulations, or

(b) failed to observe any of these regulations, or has failed to perform satisfactorily any functions required under these regulations, it may report the case to the Prime Minister with the recommendation that action in terms of these regulations be taken in respect of the defaulting officer, board or other authority and the Commission may also take action directly under the second proviso to regulation 18(2) to remove any member of the Standing Disciplinary Panel.