The Public Service Commission (PSC) releases a Report on
the precautionary suspension of employees in the Public
Service
10 November 2011
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BACKGROUND
The precautionary suspension of employees within the
Public Service is one of the measures which departments
can use in the course of instituting disciplinary
procedures. When an employee is put on precautionary
suspension, there are certain processes that must be
complied with to certify that the suspension is
legitimate, and that it can safeguard the interests of
both the employer and employee. The employer must make
certain that the precautionary suspension does not have
the effect of breaching the contractual rights of an
employee. The Disciplinary Code and Procedures
(Resolution 2 of 1999), provides amongst others, that
precautionary suspensions should be with pay and that a
disciplinary hearing should be held within one month
from the date when an employee is placed on suspension.
However, Resolution 1 of 2003 extended the period of
suspension to 60 days within which a hearing should be
held. The PSC is gravely concerned about non-compliance
with the prescribed 60 days for the conclusion of cases
and the cost consequently incurred by the state.
Accordingly, the PSC has conducted a study on the
management of precautionary suspensions in the Public
Service.
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KEY FINDINGS
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Circumstances under which employees are
placed on precautionary suspensions
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The sampled departments indicated that officials are put
on precautionary suspensions depending on the nature of the
charges which are being investigated.
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Some of the serious charges which were laid against
employees who were placed on precautionary suspension by
managers in the departments included financial misconduct,
failure to bank state money, gross negligence resulting in
loss of state monies, drunken driving, misuse of state
property, corruption, sexual harassment, unauthorised
expenditure and violation of tender processes.
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How long do the majority of the precautionary suspensions
last?
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The majority of the sampled departments indicated that it
took up to three months, on average, to conclude an
investigation, during which period employees would be on
precautionary suspensions.
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Departments cited, as a common reason for non-compliance
with the prescribed 60 days period, investigations taking
too long to finalise.
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With regard to the review of precautionary suspensions,
the PSC found that most of the sampled departments reviewed
the precautionary suspensions on a bi-monthly basis. None of
the sampled departments provided the PSC with evidence of
control measures which were used to monitor the adherence to
the timelines. Some departments indicated that they use
computer systems and or manual registers to monitor
precautionary suspensions.
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Why do precautionary suspensions last longer than 60
days?
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The PSC found that the complexity of the matter which may
require experts to examine closely the nature and extend of
misconduct may cause delays in the conclusion of the
investigation.
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Besides the drawn out investigations, some of the reasons
provided by the sampled departments for the extension of the
period for precautionary suspensions during the disciplinary
procedure included the following:
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unavailability of Representatives of the employees charged
with misconduct
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witnesses not being available on dates of hearing
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additional information requested not available at the
disciplinary hearing;
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interpreter not available
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employee being booked off sick and
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the recusal of the Presiding Officer.
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Number of employees placed under precautionary
suspensions during the periods under review
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The PSC found that the sampled departments had placed 293
employees under precautionary suspensions, inclusive during
the two periods under review.
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During the Financial Year 2008/2009, there were 103
employees placed under precautionary suspensions in the
sampled departments, whereas in the Financial Year
2009/2010, there were 190 employees placed under
precautionary suspensions, in the sampled departments.
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In respect of both periods, the largest numbers of
employees placed under precautionary suspensions were
located in the levels 1 – 8 who totalled 228 out of 293.
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The second highest was of employees at levels 9 – 12 totalling 46 out of 293 and the lowest numbers were in the
Senior Management Service (SMS) level totalling 19 out of
293.
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The cost implications of the precautionary suspensions
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The combined amount of the remuneration paid to Public
Service employees placed on precautionary suspension was
more than R45 million according to the Department of Public
Service and Administration’s internal report on
precautionary suspensions for the period 2009/2010.
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Eight provincial departments which were included in the PSC study indicated that for the financial years 2008/2009
and 2009/2010, a total amount of R15 513 978.84 was paid to
employees who were on precautionary suspension.
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The two national departments which were part of the
sample indicated that for the financial years 2008/2009 and
2009/2010, a total amount of R7 963 028.33 was paid to
employees placed under precautionary suspension.
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The PSC is concerned that there was such a huge amount
paid to employees who were placed on precautionary
suspension before their disciplinary cases could be
concluded during the two periods under review.
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Do departments have internal policies to sensitise
employees and key role-players on the procedures relating to
disciplinary procedure and precautionary suspensions?
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Out of the 10 sampled departments, only KwaZulu-Natal
Department of Transport produced a departmental policy on
the management of precautionary suspensions. Other
departments indicated that they relied mainly on Resolution
1 of 2003, as they regard it as providing clear guidelines
on the subject.
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The PSC is of the view that Resolution 1 of 2003 does not
elaborate enough on the procedure that should be followed
when precautionary suspension is under consideration.
Departmental policy on the management of precautionary
suspensions / transfers would strengthen and make clear the
procedure that should be followed. This is necessary to make
sure that such suspensions / transfers are managed in
accordance with the principles of administrative justice,
natural justice and fairness.
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The PSC found that some of the supervisors in the
provincial departments do not know the meaning of
precautionary suspension.
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Furthermore, the PSC found that Labour Relations Officers
and managers are not well trained to manage precautionary
suspensions. In most instances the extension of the
precautionary suspension periods are directly linked to the
inadequate competency levels of Presiding Officers and
Employee Representatives in the disciplinary hearings.
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The Role of Labour Relations Components
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The PSC found that not all employees who are supposed to
know about disciplinary processes and measures know and
understand such. Hence, the PSC is of the view that all
employees, managers and juniors alike must be sensitised
about disciplinary procedures.
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Departments’ challenges in the management of
precautionary suspension
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The posts in the departments remain unoccupied for a long
time pending the finalisation of cases, which is detrimental
to other employees who have to take over the
responsibilities and functions of the employees who are on
suspension.
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Inadequate training contributes towards undue lengthy
periods of precautionary suspensions.
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Poor compliance with timeframes by investigators and the
Presiding Officers.
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The majority of sampled departments take too long to finalise investigations, which impacts on the period for the
formulation of charges and ensuring that witnesses are
notified timeously to attend the hearings.
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RECOMMENDATIONS
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Departments must, through the assistance of the DPSA,
develop their own internal departmental policies on the
management of precautionary suspensions and or transfers
linked to investigation of misconduct within the 2011/2012
Financial Year.
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All employees, managers and juniors must attend training
on discipline management facilitated through the DPSA to
enable compliance by departments with the applicable
prescripts not later than 2012/2013 Financial Year.
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Each department must develop a database and profile the
systematic issues that contribute towards the extension of
precautionary suspensions within the 2011/2012 Financial
Year.
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Precautionary suspensions cases must be recorded in
detail and reviews must be conducted with immediate effect,
on a weekly basis preferably rather than on any other
interval basis as practised by most departments that
participated in the study.
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There must be a database of capable presiding officers
and investigating officers internally within departments and
centrally through the DPSA and Offices of the Premier
commencing from the 2011/2012 Financial Year.
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There should be a requirement for departments to extend
the 60 days period of precautionary suspension of SMS
members (including HoDs) only after consultation with the
Minister for Public Service and Administration (MPSA) with
effect from the 2011/2012 Financial Year.
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Departments must consider transfers as opposed to
precautionary suspension to avoid payment of salaries to
employees who are not at work.
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CONCLUSION
The need to improve the management of precautionary
suspensions cannot be overemphasised. The PSC calls for the
prompt investigations and finalisation of cases. The longer
the postponement of cases, the greater the financial losses
and service delivery deficiencies incurred. Therefore,
Departments need to aim at ensuring strict adherence to
timeframes and work towards minimising costs relating to
employees who are on precautionary suspensions.
Issued by the Public Service Commission
For enquiries, please contact: Mr Humphrey Ramafoko; Director: Communication and
Information Services; Tel: 012- 352 1196; Cell: 082 782
1730; Email: humpreyr@opsc.gov.za; Or Mr Ricardo Mahlakanya;
Deputy Director: External Communication; Tel: 012 352 1070;
Cell: 079 769 7955; Email:
RicardoM@opsc.gov.za
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