Intelligence Services Act, 2002 (Act No. 65 of 2002)Chapter II : Establishment, Composition and Organisation of Agency18. Discharge or demotion of members on account of misconduct |
| (1) | A member is guilty of misconduct if that member— |
| (a) | commits a crime or an offence; or |
| (b) | contravenes or fails to comply with any provision of this Act. |
| (2) | A member may be discharged from the Agency or demoted by the Director-General if, after a hearing in the prescribed manner as to his or her fitness to remain in employment or to retain his or her rank or grade, the Director-General is of the opinion that such member is guilty of misconduct. |
[Section 18(2) substituted by section 30(a) of Act No. 11 of 2013]
| (3) | A member who has been discharged from the Agency or demoted in terms of subsection (2) may in the prescribed manner appeal to the Minister, who may thereupon set aside or confirm his or her discharge or demotion, as the case may be. |
[Section 18(3) substituted by section 30(a) of Act No. 11 of 2013]
| (4) | The Minister may in the prescribed manner, for the purposes of any appeal lodged in terms of subsection (3), establish an advisory panel to assist him or her in considering the appeal. |
[Section 18(4) inserted by section 30(b) of Act No. 11 of 2013]