Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter II : Establishment, Composition and Organisation of Agency15. Discharge of members on account of long absence without leave |
| (1) | Any member who absents himself or herself, whether voluntarily or involuntarily, from his or her official duties without the permission of the Director-General for a period exceeding 10 consecutive working days, is deemed to have been discharged from the Agency on account of misconduct, with effect from the date immediately following upon the last day on which he or she was present at his or her place of duty: Provided that if— |
| (a) | any member absents himself or herself from his or her official duties without such permission and accepts other employment, he or she is deemed to have been discharged even if he or she has not yet absented himself or herself for a period of 10 consecutive working days; |
| (b) | a member deemed to have been so discharged again reports for duty, the Director-General may, on good cause shown and notwithstanding anything to the contrary contained in any law but subject to the approval of the Minister, reinstate the member in his or her, former post or appoint him or her to any other post in the Agency, on such conditions as the Director-General may deem fit, and in that event the period of his or her absence from his or her official duties is deemed to have been absent on vacation leave without pay, or leave on such other conditions as the Director-General may determine; |
| (c) | the Director-General refuses to reinstate the member, the latter may appeal to the Minister, stating the reasons why he or she should be reinstated. |
| (2) | The Minister may in the prescribed manner, for the purposes of any appeal lodged in terms of subsection (1)(c), establish an advisory panel to assist him or her in considering the appeal. |
[Section 15 substituted by section 27 of Act No. 11 of 2013]