LUPANE DISTRICT

The Disciplinary Procedure

Presented by
A.S Makwati

Disciplinary Services Division

MIN OF EDUCATION, SPORT, ARTS AND
CULTURE

AT: Lupane Community Hall

PERIOD: 28 September to 29 September 2010

FOR: Disciplinary Services Division Southern Region:

District education officers
Human Resource officers
Representatives of Primary and Secondary School Heads.
Heads of Schools.
A. THE DISCIPLINARY PROCEDURE

[Section 42 to 52]

1. PREAMBLE

The disciplinary procedure is a series of actions designed by the public service commission for
designated disciplinary authorities, commonly referred to as disciplinary authorities, to follow
when a member of the service under their (disciplinary authorities) charge commits an offence
or act of misconduct. Disciplinary action or a misconduct charge or an allegation of misconduct
is carried out through the disciplinary procedure. The ultimate goal of the procedure, like with
any other law, is to reform the offender of deter other would be offenders.

The Public Service Commission therefore came out with a set of offences known as the acts of
misconduct which when committed, may necessitate the disciplinary procedure to be applied
or complied with, with the ultimate goal being to prove whether or not an offence or an act of
misconduct was committed. Where an offence of act of misconduct is committed, a penalty shall
be imposed accordingly.

It follows that, once the disciplinary procedure is embarked on, particularly where a charge of
misconduct is preferred, the procedure has to be pursued to its logical conclusion, which is, the
determination of whether or not a member is guilty.

In terms of natural justice, a member is considered innocent until proven guilty.

2. TERMS OF REFERENCE

The mandate of the disciplinary procedure is derived from the following:

 Constitution of Zimbabwe
 Public Service Act
 Public Service Regulations, 2000 as amended
 Administrative Justice Act
 Children’s Act
 Criminal Law (Codification and Reform) Act
 Criminal Procedure and Evidence Act
 Official Secrets Acts
 Prevent on of Corruption Act
 Labour Law Enactments
 Case Law
 Etc
3. THE STRUCTURE OF DISCIPLINARY PROCEDURE

ACT OF MISCONDUCT

INVESTIGATION

SUSPENSION ORDER (If necessary)

CHARGE OF MISCONDUCT

RESPONSE TO THE CHARGE

INVITATION TO MISCONDUCT HEARING

THE MISCONDUCT HEARING

DETERMINATION OF MISCONDUCT CASE

REQUEST FOR REVIEW BY THE PUBLIC SERVICES COMMISSION

OR
APEAL TO THE LABOUR COURT

GROUNDS FOR SUMMARY DISCHARGE

 Detention
 Restriction
 Deportation
 Imprisonment
 Absence from duty for a continuous period in excess of thirty
days without having been granted leave of absence
4. THE DISCIPLINARY PROCEDURE IN BRIEF

4.1.ACT OF MISCONDUCT

How many Acts of misconduct do we have?

Provided in the First Schedule (Section 2) to the Public Service Regulations, 2000 asamended. A
misconduct charge is always in written form.

Some acts of misconduct, which are now a cause for concern to the Ministry, include:

 Absence from duty without good cause, including any abuse of sick leave.
 Unbecoming or indecorous behavior, including improper association with minors. It
should be noted that improper association with school pupils/students who are no
longer minors is an act of misconduct since this implies improper or indecorous behavior
on the part of the member of the service. Any form of abuse of a school pupil/student is
also an act of misconduct.
 Theft or failure to take reasonable care of or to account for or making improper or
unauthorized use of public moneys and state property.
 Corruption or dishonesty.
 Any act or omission which is inconsistent with or prejudicial to the discharge of official
duties, including abuse of authority.

4.2.INVESTIGATION

 To be carried out immediately after receipt of an allegation

 To be thorough
 Obtain statements from witnesses
 Obtain documentary evidence e.g receipts, photographs, letters.
 Provide basis for charge or suspension

4.3. SUSPENSION ORDER

 May be the first step as a way to facilitate an investigation, if necessary.

 May be imposed after an investigation, if this becomes necessary.
 No pro forma to be used.
 To be addressed to the individual concerned.
 Suspension from the service may either be on FINANCIAL PREJUDICE or NON FINANCIAL
PREJUDICE- allowance not payable on financial prejudice whilst allowance payable on
non financial prejudice.
 Should be correctly headed e.g. SUSPENSION FROM THE SERVICE ON NON-FINANCIAL
PREJUDICE?
 Should indicate reasons for suspension
 Should include brief summary of the allegation
 Should state period of suspension e.g. from 3/3/05 to 03/06/05
 Should indicate conditions attached to the suspension.
 Name of head of office to be clearly written.
  Should be signed by the head office or Acting Head of Office, proxy.
 Should be hand delivered and acknowledgement obtained before witnesses.
 Transfer of member after lapse of suspension unprocedural.

4.4.CHARGE OF MISCONDUCT

 Pro forma not to be used

 To be addressed to the member concerned
 Should be correctly headed (e.g. MISCONDUCT CHARGE)
 Should indicate the relevant section of the regulations under which the charge is
initiated.
 Correct paragraphs of the acts of misconduct committed to be cited.
 Should indicate and have attached to it copies of the material documentary evidence
related to the charge (where applicable).
 State the period within which reply is expected.
 Name of Head of office or Acting Head of Office, not proxy.
 Should be hand delivered and acknowledgement abstained before witnesses.

4.5.RESPONSE TO THE CHARGE

 A written reply to be submitted within 14 days from the date of receipt of the charge.

4.6.MISCONDUCT REPORT
 To be completed by the Head of Office immediately on receipt of the reply to the
allegation or, if no reply received by due date, to be compiled seven days after the due
date of the reply.
 A written report as per the Fourth Schedule (Section 44.(3)(a)) or pro forma in Chapter 8
of the Disciplinary Procedure Manual.
 Comments in Part 4 focus on position given in the reply; if member denied the
allegation, why the Head of Office is of the opinion that the allegation should stand.
 Provide basis for the member’s guilty or innocence.
 Written in the third party.

4.7.APPOINTMENT OF DISCIPLINARY COMMITTEE

Disciplinary committee to have 3 members only as below.

4.7.1. For a senior grade member

 Appointed by a Head of Ministry

 Consists of a chairperson who shall be any Head of Ministry
 Also consists of two other members who are in a senior grade from any Ministry other
than the Ministry in which the allegation of misconduct arose.

4.7.2. For a middle grade member

 Appointed by a Head of Ministry

  Consists of a chairperson who shall be director Head Office or Provincial Education
Director (Heads of Department)
 Also consists of two other members who shall be confirmed members.

4.7.3. For a junior grade member

 Appointed by a Head of Department- Director at Head Office or Provincial Education

Director.
 Consists of a chairperson who shall be the deputy head of department or a member
nominated by the deputy head of department to act on his/her behalf who is approved
by the head of department.
 Also consists of two other members who shall be confirmed members.

4.8.INVITATION TO A MISCONDUCT HEARING

 Member to be invited for hearing by the chairperson of the disciplinary committee

within 7 days of receipt of the Misconduct Report.
 Member to be given not less than 7 days’ notice to attend the hearing. Member to be
invited for hearing by the chairperson of the disciplinary committee.
 Letter of invitation to quote the dates of the charge letter and the reply to the charge.
 Letter of invitation to be specific on the date, time and place of the hearing and other
conditions on the hearing.
 Invitation letter to be hand delivered to member and acknowledgement obtained
before witnesses.

4.9.THE MISCONDUCT HEARING

 Member may be represented by legal practitioners (if he/she so wishes).

 Disciplinary committee to be advised by a legal practitioner (from civil division) if it so
wishes
 An accurate record of the evidence led at the hearing should be kept.
 Victim friendly approach on cases of improper association/child abuse- mother or
probation Officer, and use of Victim friendly Courts.
 Record to be produced within seven days or earlier after the hearing.

4.10. DETERMINATION OF MISCONDUCT CASE

 Head of Ministry to determine cases of middle grade members.
 Head Office Director or Provincial Education Director to determine cases of junior
grade members.

4.11. PENALTIES
 To be imposed according to the offence committed and as per precedent.

4.12. REQUEST FOR REVIEW BY THE PUBLIC SERVICE COMMISSION

 To be submitted by an aggrieved middle grade member in writing to the Head of
Ministry within twenty-one days of receipt of the determination and penalty letter.
  Requests from aggrieved junior grade member to be forwarded through the
Provincial Education Director for his/her comments on the grounds of the request
and submitted to the Head of Ministry for onward transmission to the Public Service
Commission.
 Head of Ministry to forward requests for review and all relevant papers to Public
Service commission within 14 days of receiving the request.

4.13. APPEAL TO THE LABOUR COURT

 to be submitted by an aggrieved member within twenty one days (21) of receipt of
the determination and penalty letter.
 To be submitted directly to the Labour Court.

4.14. APPEAL AGAINST DECISION/S MADE BY THE PUBLIC SERVICE COMMISSION

 To be submitted to the Labour Court within twenty one days of receipt of the
determination or penalty imposed by the Public Service Commission as the
disciplinary authority or the decision of the Labour Court within twenty one days of
receipt of the decision of the Public Service Commission on review.

5. SUMMARY DISCHARGE
A member may be discharged from the service without being charged with misconduct on the
following grounds:
 Detention
 Restriction
 Deportation
 Imprisonment
 Absence from duty for a continuous period in excess of thirty days without having
been granted leave of absence.

Please Note:
a) Salary should be ceased, as provided in circular No 18 of 2000 referenced C/260/643 and dated
23 October 2000 from the secretary for the Public Service Commission, immediately on the 14 th
day of continuous absence from duty by advising the Salary Service Bureau directly through the
Ed 92 (a) form duly completed by the Head of Office or Such other correspondence from the
Head Office.
b) The Head of Office shall establish the whereabouts of the member.
c) Where a member was detained, restricted, deported or imprisoned, the Head of Office shall
endeavor to obtain a copy of the court record or such other record from the relevant authorities
on the detention, restriction, deportation or imprisonment and forward these, under cover of a
write up, to the Head Office Director or Provincial Education Director, as the case may be, for on
ward transmission to the secretary for Education, Sport, Arts and Culture.
d) Where a member does not report for duty for a continuous period in excess of 30 days without
having been granted leave of absence and the whereabouts could not be established, a write up
together with proof that the Head of Office attempted to establish the whereabouts of the
member, should be submitted to the Head Office Director or the Provincial Education Director,
as the case may be, for on ward transmission to the Secretary of Education, Sport, Arts and
Culture.