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Action against officers depends on gravity of fault

23 Mar 2023

Instituting any administrative action against a public service employee depends on the extent to which their culpability can be proven that they were not carrying out their functions.

This was said by Assistant Minister for State President, Mr Dumezweni Mthimkhulu in response to a question in Parliament on March 21.

“To this end, a separate investigative processes would have to be commissioned to determine the nature of any breach so alleged and the extent to which an officer may have acted contrary to established rules and proceedings governing the public service,” Mr Mthimkhulu said.

He highlighted that there were legislative instruments on general application which included the Penal Code, Public Finance Management Act, Corruption and Economic Crime Act, which provided different breaches relating specifically to public officers under which proceedings could be instituted.

“Recklessness could be prosecuted, depending on the extent to which the culpability of the employee could be proven,” he said.Further, he said an opportunity existed for the review of sanctions against offending employees including defining the extent to which public officers could be held personally liable through the current review of the Public Service Act and public service conditions of work.

“Where any gaps exist or may have been identified it is through this review process that they would be duly considered,” he added.

Francistown South MP, Mr Wynter Mmolotsi had asked the minister if he would consider holding accounting officers personally liable in the event that their actions had led to government losing cases at courts of law because of their recklessness. Ends

Source : BOPA

Author : BOPA


Event : Parliament March 2023

Date : 23 Mar 2023