S.L. const.7 Art. 17Commencement of disciplinary proceedings.  Cap. 273.       Cap.273.

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

Department that an alleged misconduct or breach of discipline may have been committed under his charge the following provisions shall apply:

(a) unless an investigation is made in terms of the

Inquiries Act, the Head of Department shall conclude the gathering of any necessary information and evidence within twenty (20) working days from the date when the alleged misconduct or breach of discipline comes to his notice:

Provided that where the Head of Department considers that more than twenty (20) working days are required to conclude the gathering of information and evidence, he shall seek approval from the Permanent Secretary responsible for the department concerned for an extension of not more than ten

(10) working days;

(b) the Head of Department shall, in no case later than ten (10) working days from the date when he concluded the gathering of information and evidence, or not later than ninety

(90) working days from the date of the signing of a report made in terms of the Inquiries Act, prepare a written statement of charges against the officer concerned and he shall also inform the officer whether in his opinion the charge or charges constitute a minor or a serious offence and whether the offence could lead to dismissal;

(c) the officer shall be allowed ten (10) working days from the date on which the statement of charges, including a copy of all the evidence to be used against him, is delivered to him in accordance with regulation 6(5) and (6), to reply in writing to the charge or charges made against him, stating any grounds on which he relies to exculpate himself;

(d) a correction to the statement of charges may be made by the Head of Department, by means of a note in writing to the officer charged and to the Disciplinary Board, as the case may be, at any time during the proceedings, provided that the correction does not alter the substance of the charges;

(e) if, after considering the officer’s reply, the Head of Department is satisfied that the officer has exculpated himself, he shall so inform the officer. All the documents related to the case shall be destroyed after two (2) months from the date the officer is so informed;

(f) if, the officer admits the charge or charges, the Head of Department shall communicate to the officer charged his decision on the charge or charges and the penalty, if any;

(g) if the officer does not furnish a reply within the period specified, or does not in the opinion of the Head of Department exculpate himself, the Head of Department shall, within ten (10) working days from the receipt of a reply or from the date on which such a reply was due, refer the case to a Disciplinary Board appointed under regulation 18. The letter to the Disciplinary Board shall be copied to the officer charged:

Provided that where the Head of Department considers that it would be in the best interest of the officer if he is offered the opportunity to rehabilitate himself, and the officer agrees, within ten (10) working days, to seek professional support preferably through an entity set up by Government to assist public officers experiencing personal, emotional or behavioural problems, the Head of Department may refrain from:

(i) communicating his decision on the charge or charges and the penalty, to the officer charged, in terms of paragraph (f), or

(ii) referring the case to a Disciplinary Board appointed under regulation 18, in terms of this sub-regulation:

Provided further that where the officer accepts referral to such professional support, within ten (10) working days, such action shall be kept in abeyance and the prescriptive period indicated in this regulation shall be temporarily suspended. The Head of Department shall keep a record accordingly:

Provided further that if the officer refuses to seek professional support or does not successfully complete a support programme, the Head of Department shall communicate the penalty, in terms of paragraph (f). The prescriptive period stipulated in paragraph (g) shall be immediately re-activated, and the Head of Department shall issue the statement of charges in terms of this regulation.

(2) Notwithstanding the provisions of sub-regulation (1):

(a) no action shall be taken in respect of a minor offence which has occurred earlier than twelve (12) months from the date when the alleged minor offence comes to the notice of the Head of Department;

(b) where the officer charged had been given notice that the charges are of a minor nature and concern a first or second minor case of misconduct by the officer charged, the Head of Department shall, together with the statement of charges, inform the officer charged of his right to request an early resolution meeting and of his right to be accompanied by a representative of his choice at such meeting. The officer charged shall be given three (3) working days to register his request to convene the early resolution meeting:

Provided that:

(i) if the officer charged does not register a request in writing to convene an early resolution meeting, the provisions in terms of sub-regulation (1)(b) shall apply;

(ii) if, within three (3) working days, the officer charged registers a request in writing to convene an early resolution meeting, the meeting shall be convened by the Head of Department without delay and not later than five (5) working days from the date on which the Head of Department was notified by the officer. The prescriptive period indicated in sub-regulation (1)(c) shall be temporarily suspended and the Head of Department shall keep a record accordingly;

(iii) where the early resolution meeting results in mutual agreement by the parties on the guilt or otherwise of the officer charged and the penalty, if any, to be imposed, or any other action deemed opportune, the Head of Department shall conclude the early resolution meeting by communicating to the officer charged the agreed decision in writing. The officer charged is to indicate his agreement in writing within two (2) working days:

Provided further that any penalty imposed by the Head of Department upon mutual agreement reached during the early resolution meeting shall not be subject to an appeal before the Commission, in terms of these regulations;

(iv) where no mutual agreement is reached pursuant to the early resolution meeting, or the officer does not indicate in writing his agreement in terms of paragraph (b), the prescriptive period in terms of sub-regulation (1)(c) shall be immediately reactivated and the provisions in terms of the same sub-regulation (1)(c) shall apply;

(c) where the officer charged had been given notice that the charges are serious, the Head of Department may, at any stage of the proceedings and for sufficient and justifiable reasons, decrease the categorisation of the charges.

In such cases, the Head of Department shall enter a note in the records of the case specifying the reasons why he had decreased the categorisation of the disciplinary charge.