Public servants’ disciplinary process is ‘being abused,’ warns PSC

The Public Service Commission (PSC) has expressed concern about the use of precautionary suspension as a punishment, rather than an opportunity to investigate wrongdoing by civil servants.

“Ideally, suspensions should be for a period not longer than 60 days. To this end, the PSC recommends that once the 60 days has expired, the affected employee should return to work or must be stationed in other relevant units within the department,” said PSC commissioner Anele Gxoyiya.

Precautionary suspensions

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The total costs of precautionary suspensions at national and provincial departments amounted to R25 million during the 2021-22 financial year. During this period, the longest suspended days of 883 were recorded in the department of correctional services.

Often the period for suspension exceeded the mandatory 60 days set in the code of conduct for public servants but the management of the process was neither efficient, nor effective.

“The PSC has observed excessive delays in the handling of precautionary suspensions, following misconduct proceedings in the Public Service,” Gxoyiya said.

Disciplinary Code and Procedures

The Disciplinary Code and Procedures for the Public Service was created as a framework to manage employees’ discipline by all departments. The code set sanctions to be imposed for offences committed, but the departments failed to manage it.

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This was a typical example of the abuse of the system to punish employees and was a concern to the PSC.

In a precautionary suspension, an employee is suspended with full pay, pending the investigation into the allegations against the person but should the 60 days expire, the official should return to duty.

Pulse Quarter Bulletin

Gxoyiya hosted the media to present the PSC report contained in the commission’s latest edition of Pulse Quarter Bulletin, which focused on the management of precautionary suspensions in the public service; PSC’s engagement with departments’ on human resource matters; non-payment of government suppliers; and overall number of complaints and grievances handle by the PSC up to 31 December last year.

The commission noticed how this kind of disciplinary process was being abused to punish people in the civil service by unnecessarily stretching it out.

There is a real risk that precautionary suspensions decided on by departments remain active for a long time because reliance is placed on external legal practitioners to conclude disciplinary processes, at huge cost to the government.

“Precautionary suspension does not amount to a breach of the employment contract by the employer, because the employee remains on full pay, although prevented by the employer from performing the duties that would normally be required of the employee,” Gxoyiya said.

“Likewise, suspension with full pay should only be considered as a last resort, if it is not possible for the employer to precautionary transfer an employee during the investigation.”

The commission had also engaged various departments during the third quarter of last year and obtained complaints of rampant incidents where officials were given unlawful instructions by their seniors.

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