S.L. const.7 Art. 12Precautionary suspension.

(1) When it comes to the notice of a Head of

Department that an officer under his responsibility:

(a) may have committed a serious disciplinary offence; or

(b) further investigation is necessary to establish whether disciplinary or criminal proceedings are warranted; or

(c) is to be arraigned in court or is being investigated or has been arrested by the police in connection with a criminal offence, which is of a nature likely to warrant disciplinary action, and the Head of Department considers it necessary and in the public interest that the officer should be withdrawn from the place of work for an interim period, he may suspend the officer from the exercise of the powers and functions of his office, for precautionary purposes.

(2) If the officer considers that the decision of the Head of Department is unjust in his regard, he may appeal to the Commission within five (5) working days, setting out the reasons why he considers that the decision in his respect was unjust. The officer may also appeal, by presenting justified reasons, regarding the proportion of salary to be withheld in terms of sub-regulation (5).

(3) In treating an appeal under sub-regulation (2), the Commission shall seek the views of the Head of Department. If the Commission considers an appeal under sub-regulation (2) to be justified, it shall seek to annul the decision of the Head of Department by means of a recommendation to the Prime Minister or the Head of the Public Service, as the case may be, and upon approval of such recommendation, inform the officer and the Head of Department that the precautionary suspension is revoked.

(4) In the event that the suspension is revoked, the officer under suspension shall be immediately recalled for duty and shall be refunded any salary withheld during the period of precautionary suspension.

(5) A public officer who is suspended for precautionary purposes shall receive eighty per cent (80%) of the salary or the equivalent to the rate of the minimum wage, as determined in terms of the National Minimum Wage National Standing Order, whichever is the higher.

(6) If the disciplinary or criminal proceedings do not result in the dismissal of the officer or another penalty, the officer shall be entitled to the full amount of salary which he would have received if he had not been suspended for precautionary purposes. The officer shall also be entitled to a payment in lieu of any additional pro rata earnings withheld over and above his salary, which payment shall be computed on the mean average of the additional earnings of the previous three (3) years prior to the precautionary suspension. If the penalty is other than dismissal, he may be refunded such proportion of the salary withheld as a result of his precautionary suspension as recommended by the Commission. If the penalty is dismissal, the officer shall forfeit the salary withheld as a result of his precautionary suspension.

(7) Where an officer against whom disciplinary or criminal action has been taken and is pending, ceases to be a public officer before the conclusion of such action, any salary withheld as a result of his precautionary suspension shall not be refunded unless he is acquitted of all the charges brought against him. If the officer dies when proceedings are still pending, any salary withheld as a result of his precautionary suspension is refunded to his heirs:

Provided that when an officer who has had his salary withheld as a result of his precautionary suspension ceases to be a public officer before any disciplinary or criminal charges are issued, then the officer shall be refunded the salary which had been withheld from him during the period of his precautionary suspension.

(8) An officer who is under precautionary suspension shall not have access to any official premises identified by the Head of Department, and shall not remove, destroy or add to, or cause to be removed, destroyed or added to, any official document, instrument or matter.

(9) The Head of Department may review the precautionary suspension of the officer at any time, without prejudice to any action in terms of these regulations, should disciplinary or criminal proceedings be instituted against the officer concerned:

Provided that the review procedure shall be subject to any directions and guidelines issued by the Commission from time to time in terms of regulation 3(1).

(10) Without prejudice to sub-regulation (9) an officer suspended for precautionary purposes in accordance with this regulation and in relation to whom a written statement of the charge or charges is not issued in accordance with regulation 17(1)(b), after the expiration of sixty (60) working days from the date of such suspension, may present written submissions with justified reasons asking the Head of Department to lift the precautionary suspension:

Provided that the review procedure shall be subject to any direction and guidelines issued by the Commission from time to time in accordance with regulation 3(1).

(11) When the Head of Department does not lift the precautionary suspension, after a request by an officer in accordance with sub-regulation (10) and the officer considers that the decision of the Head of Department in his regard was unjust, the officer may appeal in writing to the Commission within five (5) working days, where he gives the reasons why he considers that the decision regarding him was unjust and requests the Commission to revoke or amend the decision.

(12) In treating an appeal under sub-regulation (11), the Commission shall seek the views of the Head of Department. If the Commission considers an appeal under sub-regulation (11) to be justified, it shall seek to annul the decision of the Head of Department by means of a recommendation to the Prime Minister or the Head of the Public Service, as the case may be, and upon approval of the recommendation, inform the officer and the Head of Department of such decision.

(13) The lifting of a precautionary suspension following submissions in terms of sub-regulation (10) or an appeal in terms of sub-regulation (11) shall be without prejudice to any action in terms of these regulations, should criminal proceedings be instituted against the officer concerned.

(14) Notwithstanding the provisions of sub-regulations (5),

(6) and (7), if an officer is in prison under preventive custody or serving a court sentence, no salary shall be due to the officer during the period of imprisonment. The salary withheld shall be forfeited if the officer is subsequently found guilty of the offence with which he is charged.

Part IV Criminal Offences