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GUIDELINES TO FOLLOW WHEN CONSIDERING THE …

GUIDELINES TO FOLLOW when CONSIDERING THE MERITS OF AN appeal IN A CASE OF MISCONDUCT 2001 TABLE OF CONTENTS 1. INTRODUCTION ..1 2. STEPS TO BE TAKEN BEFORE DELIBERATING ON THE MERITS OF AN 3. DELIBERATING ON THE MERITS OF AN appeal ..3 4. SUGGESTED FORMAT TO ASSIST THE appeal AUTHORITY TO TAKE A 5. REFERENCE TO LEGISLATION AND CASE LAW ..16 1. INTRODUCTION Appeals in cases of misconduct, have until 30 June 1999, been handled by the Public Service Commission in terms of section 26 of the Public Service Act, 1994. In terms of section 10 of the Public Service Laws Amendment Act, 1998, the whole of Chapter VI (Inefficiency and Misconduct) of the Public Service Act, 1994, has been repealed.

The appeal authority has the power to consider the merits of each case anew with or without additional information. This is what is commonly known as a “wide appeal”. If grounds of appeal are submitted they must be addressed and reasoned individually, against …

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