S.L. const.7 ст. 13Head of Department to consult Attorney General whether prosecution or disciplinary action should be taken.

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

Department that an offence in terms of these regulations, allegedly committed by a public officer under his responsibility may be of a criminal nature, he shall consult the Attorney General as to whether a prosecution should be instituted or, if the latter does not advise a prosecution, as to whether disciplinary action should be taken under these regulations. In the latter case, the charges brought against the officer shall be approved by the Attorney General before they are issued by the Head of Department in terms of regulation 17(1)(b).

(2) If criminal proceedings are instituted against a public officer in any court, the officer shall so inform his Head of Department within three (3) working days from the day after the commencement of such proceedings. The Commissioner of Police shall also report to the Head of Department that criminal proceedings are being instituted against the said public officer:

Provided that neither the officer nor the Commissioner of Police shall be obliged to inform the Head of Department about criminal proceedings instituted solely in connection with a contravention, unless that contravention is alleged to have occurred at the officer’s place of work or is related to his duties.

(3) Whenever it comes to the notice of the Head of Department that a public officer under his responsibility 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is of a nature likely to warrant disciplinary action, and the Head of Department considers that the officer should be withdrawn from the place of work for an interim period, he may suspend the officer for precautionary purposes from the exercise of his powers and functions. In so doing the Head of Department shall act in terms of regulation 12. No disciplinary proceedings against such an officer upon any grounds involved in the criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal, as the case may be.

(4) Without prejudice to regulation 12(9), an officer suspended for precautionary purposes in terms of this regulation, and in respect of whom no criminal charges are instituted after the lapse of six

(6) months from the date of such suspension, may submit written representations with justified reasons requesting the Head of Department to consider the lifting of such suspension: Provided that the review procedure shall be subject to any directions and guidelines issued by the Commission from time to time in accordance with regulation 3(1).

(5) When the Head of Department does not lift a precautionary suspension, after a request by an officer in accordance with sub-regulation (4) and the officer considers that the decision of the Head of Department in his regard was unjust, the officer may appeal to the Commission within five (5) working days starting from the day after he receives the notification from the Head of Department, where he gives the reasons why he considers that the decision regarding him was unjust.

(6) In treating an appeal under sub-regulation (5), the Commission shall seek the views of the Head of Department. If the Commission considers an appeal under sub-regulation (5) 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.

(7) The lifting of a precautionary suspension following representations in terms of sub-regulation (4) shall be without prejudice to any action in terms of these regulations, should criminal proceedings be instituted against the officer concerned.