S.L. const.3 Art. 38Annual Reports and other reports. 

(1) The Head of the Public Service, Heads of Department to whom disciplinary control is delegated, or any other delegated authority shall submit reports on disciplinary matters to the Commission with such frequency, and in such form and covering such matters as the Commission may from time to time direct.

(2) The Commission may, at its discretion, publish annual reports on disciplinary matters, as well as reports of inquiries into the exercise of disciplinary control and other special reports, together with its remarks on any matter connected therewith or incidental thereto.

Schedule of Offences and Penalties

1. Disciplinary Offences

The offences specified in this Schedule shall be considered as only illustrative and indicative and are not exhaustive.

Unprofessional or unethical behaviour

1.1 A public officer shall be subject to disciplinary proceedings for unprofessional or unethical behaviour and, without prejudice to the generality of the foregoing, such behaviour shall include:

(a) failure to comply with any laws, rules, regulations or codes governing specific professions and the Public Service or the conduct of the public officers, or the transaction of government business;

(b) being under the influence of drink or drugs while on duty;

(c) immoral, indecent or disgraceful conduct at the place of work;

(d) causing damage to government property;

(e) giving wrong information;

(f) misuse of government funds, property or equipment;

(g) theft or embezzlement of government funds, property or equipment;

(h) theft, appropriation or misuse of items belonging to other public officers or members of the public at the place of work;

(i) tampering with or misuse of attendance sheets and records, or any equipment used to record attendance;

(j) falsification, misuse of or tampering with official documents or information;

(k) divulging of secret or confidential information;

(l) conduct which is liable to discredit the department or bring the public service into disrepute;

(m) any criminal offence committed by the officer at his place of work or in the course of his duties, subject to the provisions of Part IV of these regulations.

Disrespectful behaviour

1.2 A public officer shall be subject to disciplinary proceedings for behaviour disrespectful to colleagues, superior officers or the public and, without prejudice to the generality of the foregoing, such behaviour shall include:

(a) arrogance or insolence towards colleagues, superiors, other public officers or the public;

(b) violent, threatening or intimidating behaviour towards colleagues, superior officers or the public;

(c) fighting or causing a disturbance at the place of work;

(d) use of foul or offensive language;

(e) sexual harassment; or

(f) victimization of a witness or an officer or other person lodging a report or doing his duty under these regulations or any other regulations issued in terms of article 121 of the Constitution.

Neglect or dereliction of duty

1.3 A public officer shall be subject to disciplinary proceedings for neglect or dereliction of duty and, without prejudice to the generality of the foregoing, such behaviour shall include:

(a) habitual late attendance; DISCIPLINARY

(b) unauthorised absence from the place of work;

(c) idling at the place of work;

(d) feigning incapacity or illness in order to avoid work;

(e) negligence in the performance of one’s duties or shoddy or defective work or work output below standard;

(f) concealing one’s defective work;

(g) failure to comply with any lawful and reasonable order, direction or instruction, whether written or verbal, that is given by a superior officer or authority;

(h) failure to exercise proper supervisory functions;

(i) failure to comply with any provision of any law, rule, regulation, directive, code or other instrument governing the public service, the officer’s department, the conduct of officers of the department, or the transaction of government business; or

(j) any other act or omission which is deemed by any provision of any law, rule, regulation, directive, code, or other instrument as aforesaid, to be misconduct, misbehaviour, a breach of or offence against discipline, or another term having a like meaning.