SIU's Mothibi points out flaws in public service disciplinary processes

Special Investigating Unit (SIU) head, advocate Andy Mothibi, said that public service disciplinary processes had been found wanting, with conflicts of interest between those who chair them and those accused of wrongdoing.

He also said a review in legislation may be required to prevent those facing disciplinary action from resigning before their cases are finalised. 

Mothibi and the Presidency briefed Parliament’s Standing Committee on Public Accounts on Tuesday on the SIU's investigations into the public service.

The Presidency said that more than 1,000 public servants had been flagged for disciplinary action following investigations by the SIU.

But Mothibi said that this does not always yield results due to what he called "inherent conflicts of interest" in the process.

"In some instances, we’ve really picked up that that process really has been wanting, where there would be inherent conflicts between the chair or those who initiate with those who are disciplined."

Mothibi said the Department of Public Service and Administration should assist around the issue of appointing chairpersons and initiators to avoid conflicts.

He said resignations while facing a disciplinary was a "grey area" in labour law, which needed to be reviewed to prevent people from resigning.

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