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S.L. const.7 · sl/const.7 (S.L. const.7)

S.L. const.7 Art. 11Forced leave.

Title IV of Part II of the Police Act and of the Prisons Act, with respect

In KraftAmtlicher Text

(1) When it comes to the notice of a Head of Department that an officer under his responsibility:

(a) is being investigated or has been arrested by the police in connection with a criminal investigation; or

(b) is being investigated in connection with a disciplinary offence; or

(c) may have committed an alleged misconduct, or disobeyed lawful orders, whether written or verbal, and the Head of Department considers it necessary that the officer under his responsibility should be immediately withdrawn from his place of work, he may direct the officer to avail himself of forced leave for a period not exceeding eighty (80) hours and the officer shall comply:

Provided that the period of forced leave shall be resorted to only as an interim measure and shall not be prolonged without due reason. The Head of Department shall without delay determine whether action in terms of regulations 12 or 13 should be initiated:

Provided further that an officer so directed under this regulation, shall have the right to report back to work immediately upon the lapse of the eighty (80) hours forced leave period, unless action has been taken by the Head of Department in terms of regulations 12 and 13, prior to the expiry of the indicated period of forced leave.

(2) The officer’s vacation leave entitlement for that year shall be augmented by the equivalent of the leave taken in accordance with sub-regulation (1) if:

(a) the police investigation does not result in the arraignment of the public officer concerned; or

(b) the investigation carried out by the Head of Department does not result in the taking of any disciplinary action; or

(c) the public officer is acquitted from all the charges against him, being criminal or disciplinary.