PSC disciplinary role over Govt ministries, department

The Public Service Engagement Forum

ONE of the key functions of the Public Service Commission is to enforce and ensure discipline within the Public Service. The PSC exercises disciplinary authority over members of staff in Government Ministries and Departments who violate rules and regulations outlined in Part VIII of Statutory Instrument 1 of 2000.

The disciplinary role exercised by the PSC is according to a disciplinary procedure espoused in the Statutory Instrument. The First Schedule of the Statutory Instrument provides a list of acts of misconduct that may be committed by members of the Public Service. In dispensing discipline, the PSC does so through delegation to what are called delegated disciplinary authorities. Those delegated with authority to handle misconduct cases include Heads of Ministries; Heads of Departments and Heads of Offices in line ministries.

Members of the civil service are categorised into three groups, which are: junior, middle and senior grades. Cases of misconduct are then handled at various levels depending on the grade of one who would have committed an act of misconduct.

In this context, senior grade refers to the level of chief director, director or equivalent. For disciplinary purposes, junior grade members include teachers, office assistants, drivers, executive assistants, stenographers, typists and janitors. Middle-grade members include officer grades, senior, principal, chief; for instance, chief economists, chief accountants, and deputy directors.

Which disciplinary authority does what?

◆ Head of Office — investigates cases, prefers misconduct charges, suspends (if necessary) members of staff in the junior grade

◆ Head of Department — investigates cases, suspends (if necessary), prefers misconduct, appoints disciplinary committees and determine cases for members of staff in the junior grade ◆ Head of Ministry — investigates cases, suspends (if necessary), prefers misconduct, appoints disciplinary committees and determine cases for members of staff in the middle grade ◆ Public Service Commission — investigates cases, suspends (if necessary), prefers misconduct, appoints disciplinary committees and determine cases for members of staff in the senior grade

It is important to note, though, that the Commission can be the disciplinary authority for any member of the Public Service despite the grade.

Disciplinary procedure

1.Investigation 2.Suspension (if necessary) 3.Misconduct Charge 4.Response to the Charge 5.Hearing 6.Determination Members’ Rights Before and During the Hearing

◆ Invitation by the Chairperson of the Disciplinary Committee to a misconduct hearing at least seven days before the date of the hearing ◆ Member should also be advised of

the right to be legally represented

Summary discharge

One is discharged summarily on the grounds of:

◆ Absence from duty for a period in excess of 30 continuous days ◆ Imprisonment for effective term of three months ◆ Deportation from Zimbabwe ◆ Restriction from attending place of work for more than three months

Grievance procedure

The Grievance procedure for the Public Service has two categories: one for junior grades and the other for senior grades. Aggrieved member seeks for interview with immediate supervisor. If the supervisor is directly involved, the concerned member will go to the next higher level but copy the immediate supervisor for transparency.

If the member is not satisfied with the outcome of efforts to address the problem, he or she should approach higher offices in hierarchical order up to the Head of Ministry. The member has the right to appeal to the PSC through the Head of Ministry.

◆ This is part of a series of articles by the Public Service Commission aimed at engaging with and updating the public on matters of public interest that fall within its mandate. For comments, enquiries and questions, please write to feedback@psc.gov.zw. Call: +263 242 700881-3 or 793926. WhatsApp +263 788 584 848 For more on the PSC and its programmes, visit www.psc.gov.zw or follow-on Facebook Zimbabwe Public Service Commission or Twitter @Public Service Commission Zimbabwe or LinkedIn Public Service Commission Zimbabwe