Regulation No. R. 1275 of 1999

Government Gazette

Vol. 412, No. 20567, 29 October 1999

Regulation Gazette, No. 6655

No. R. 1275

GOVERNMENT NOTICE

DEPARTMENT OF ARTS, CULTURE, SCIENCE AND TECHNOLOGY

NATIONAL LIBRARY OF SOUTH AFRICA ACT, 1998

REGULATIONS

The Minister of Arts, Culture, Science and Technology has in terms of section 15 of the National Library of South Africa Act, 1998 (Act No. 92 of 1998), made the regulations in the Schedule.

SCHEDULE

ARRANGEMENT OF REGULATIONS

Chapter I	Definitions
Chapter II	Board
Chapter III	Property
Chapter IV	Misconduct and Grievances
Chapter V	Other matters

CHAPTER I

DEFINITIONS

Definitions

In these Regulations any word or expression to which a meaning has been assigned in the Act, has the meaning so assigned to it and, unless the context indicates otherwise -

"chairperson" means the person appointed in terms of regulation 12(1) to inquire into a charge of misconduct;
"Department" means the Department of Arts, Culture, Science and Technology;
"employer" means the Board constituted in terms of section 6 of the Act;
"grievance" means any dissatisfaction or failing or injustice affecting the employment relationship of the person or persons concerned, or where there is an- alleged misinterpretation or violation of his or her or their rights or a dispute on a matter of mutual interest;
"matter of mutual interest" means any matter within the power of the employer related to employment and the employer and employee relationship, including, but not limited to, terms and conditions of employment, disciplinary and grievance procedures and related procedures, employee compensation, remuneration and service benefits;
"the Act" means the National Library of South Africa Act, 1998 (Act No. 92 of 1998).

CHAPTER II

BOARD

Appointment of Board members

(1) The Minister must appoint persons who represent stakeholders and who have the experience, expertise or skills necessary to enable the National Library to achieve its objects and perform its functions, but the Minister must take into account the desirability of appointing women and historically disadvantaged persons and ensure that the Board is fairly representative of the various provinces of the Republic.

(2) Before persons contemplated in subregulation (1) are appointed, the Minister must

invite nominations from stakeholders and others by notice in the Gazette, at least two nationally distributed newspaper and appropriate local newspapers, specifying a period within which nominations must be submitted; and

stipulate in such notice the form and procedure pertaining to these nominations.

(3) The Minister must appoint members of the Board from the persons so nominated.

Filling of vacancy on the Board

(1) The Minister may, after consultation with the chairperson of the Board, appoint a person if an office is vacated in terms of sections 6(3) and 6(4) of the Act, and may select a person from the shortlist from which the existing Board was appointed.

(2) Should it not be possible to fill the vacancy through the process mentioned in subregulation (1), the Minister must fill the vacancy in the manner prescribed under subregulations 2(2) and (3).

Meetings of the Board

(1) The first meeting of the Board must be heft at the time and place determined by the Minister, and thereafter meetings are to be held at such times and places as the Board determines.

(2) The chairperson of the Board must give each member of the Board 14 days' written notice of the time, date and place of a meeting as well as the matters to be discussed.

(3) The chairperson of the Board or, in his or her absence, the National Librarian, may at any time call a special meeting of the Board to be held at the time and place determined by him or her.

(4) The Board must ensure that a register of attendance is kept and minutes prepared of the proceedings of its meetings and must have copies thereof circulated to the members of the Board and the Director-General of the Department of Arts, Culture, Science and Technology.

(5) The minutes so prepared, when confirmed at the next meeting and signed by the person who chairs that meeting, will, in the absence of proof of error therein be regarded and treated as a true and correct record of the proceedings and matters that they purport to minute.

CHAPTER III

PROPERTY

Safeguarding of records and documents and precautions against loss, damage or theft

The Board must ensure that proper arrangements are made for the safe custody of all records and documents that belong to the National Library, or have been entrusted to its care, and must ensure that all practicable precautions are taken against loss, damage or theft.

Insurance

The Board must at all times keep the following property insured against low or damage with a short-term insurer as defined in section 1 of the Short-term Insurance Act, 1998 (Act No. 53 of 1998):

All movable and immovable property of which the National Library is the owner.

All movable property or part thereof, entrusted to the National Library in terms of section 12 of the Act:

Provided that the Board may, in consultation with the Minister exempt such property or part thereof from the provisions of this regulation.

Disposal of movable property

Subject to the provisions of section 5(2)(a) of the Act, the Board may lease or sell, exchange or otherwise alienate or dispose of the following categories of movable property, except movable property entrusted to it in terms of section 12 of the Act:

Surplus, obsolete or duplicate documents received under legal deposit, provided that these documents fall within the categories contemplated in section 7(5) of the Legal Deposit Act, 1997.

Surplus, obsolete or duplicate documents purchased, received as a gift or in exchange, and originally intended for inclusion in the collection of the National Library.

Documents acquired for the purpose of distribution to other libraries or similar organisations in terms of national or international agreements or redistribution schemes.

Surplus, obsolete or damaged furniture, equipment or vehicles.

CHAPTER IV

MISCONDUCT AND GRIEVANCES

Misconduct

(1) An employee is guilty of misconduct if he or she, amongst other things,

contravenes or fails to comply with any provision of the Act;

is negligent or indolent in the carrying out of his or her duties;

performs, without the written permission of the National Librarian, any private work for compensation for another person or organisation either during or outside working hours;

publicly comments to the prejudice of the administration of the National Library;

makes use of his or her position to promote or to prejudice the interests of any political party;

while on duty is under the influence of an intoxicating, illegal, unauthorised, habit forming or stupefying drug, including alcohol;

misappropriates or wrongfully possesses, damages or causes loss to any property of the National Library, another employee or a visitor;

commits an act of sexual harassment or intimidates or victimises fellow employees;

absents or repeatedly absents him- or herself from his or her work without leave or valid cause;

makes a false or incorrect statement, or knowingly falsifies records and documentation, in the execution of his or her duties;

intentionally or negligently mismanages the finances of the National Library;

endangers the life of him- or herself or others by disregarding safety rules or regulations

steals, bribes or commits fraud;

discriminates against others on the basis of the grounds contemplated in section 9(3) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

performs poorly or inadequately for reasons other than incapacity;

while on duty, conducts him- or herself in an improper, disgraceful and unacceptable manner or displays disrespect towards others;

while on duty, assaults, or attempts or threatens to assault, another employee or person;

incites other personnel to unprocedural or unlawful conduct;

prevents other employees from belonging to any trade union or body;

operates any money-lending scheme for employees for his or her own benefit during working hours or from the premises of the National Library;

carries or keeps firearms or other dangerous weapons on the premises of the National Library, without the written authorisation of the National Librarian;

participates in unprocedural, unprotected or unlawful industrial action;

commits a common law or statutory offence while on the premises of the National Library; or

without authorisation sleeps on duty.

Preliminary investigation of misconduct

(1) Whenever an employee is accused of misconduct, the employer or a person designated by the employer may in writing appoint a person as investigating officer -

to investigate the matter;

to obtain evidence in order to determine whether there are grounds for a charge of misconduct against that employee; and

to report to the employer thereon.

(2) An investigating officer shall not question the employee concerned unless the investigating officer has informed that employee -

that the employee has the right to be assisted or represented by a fellow employee or a representative of a recognised union;

that the employee is not obliged to make any statement; and

that any statement so made may be used in evidence against the employee.

Charge of misconduct

(1) The employer may in writing charge an employee with misconduct if the employer is of the opinion that sufficient grounds for such a charge exist, whether or not an investigation contemplated in regulation 9(1) has been carried out.

(2) Such a charge must contain details of the alleged misconduct and must contain or be accompanied by a direction calling upon the employee charged to send or deliver within three working days after receiving the charge, to a person specified, a written admission or denial of the charge and, if he or she so desires, a written explanation regarding the misconduct with which he or she is charged.

(3) The employer may at any time withdraw a charge of misconduct.

(4) An employee who admits to a charge is deemed to be guilty of the misconduct with which he or she has been charged and the National Librarian must in that case make a recommendation as contemplated in regulation 14(b) to the employer.

(5) After consideration of the National Librarian's recommendations, the employer may -

caution and reprimand the employee;

reduce the employee's salary or rank, or both;

discharge the employee from service.

(6) The employer must as soon as possible inform the employee concerned of its decision and of the employee's right to appeal against its decision in terms of regulation 16.

(7) The provisions of regulation 16, read with the necessary changes, apply in case of such an appeal.

Suspension of employees

(1) Subject to the provisions of this regulation and the Labour Relations Act, 1995 (Act No. 66 of 1995), the employer may at any time before or after charging an employee with misconduct suspend that employee from duty on such conditions as the employer may determine, or transfer that employee to another position or office -

pending a disciplinary enquiry which could lead to the employee's dismissal;

if the employee is alleged to have committed a serious offence;

where the employee's presence at the workplace could lead to the aggravation of a sensitive situation or a disruption of work; or

if the employer believes that the employee's presence at the workplace might jeopardise any investigation contemplated in regulation 9, or endanger the well-being or safety of any person or property.

(2) Where an employee has been suspended from duty or transferred under this regulation, the employer must cause a disciplinary inquiry to be held within 30 days from the date of such suspension or transfer.

Disciplinary inquiry

(1) If an employee charged with misconduct -

denies the charge; or

fails to comply with the direction contemplated in regulation 10(2),

the employer must appoint a person to inquire into the charge.

(2) Subject to regulation 11(2), the chairperson must, in consultation with the employer, determine the time and place of the inquiry, and the employer must give the employee at least five working days' notice in writing of the time and place so determined, and such notice must be in the form of the Annexure to these Regulations.

(3) The employee must sign receipt of the notice and if he or she refuses to sign receipt of the notice, the notice must be given to the employee in the presence of a fellow employee who must sign the notice in confirmation that the notice has been delivered to the employee.

(4) If the employee fails to attend the inquiry or fails to remain present without valid cause, the chairperson may order that the inquiry continue in the employee's absence.

Procedure at disciplinary inquiry

(1) The employer is represented by a person nominated by the employer and he or she must present the employer's case at the inquiry.

(2) An employee may be represented by a fellow employee or a representative of a recognised trade union of whom the employee is a member.

(3) Neither the employer nor the employee may be represented by an attorney as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), or an advocate as contemplated in section 1 of the Admission of Advocates Act, 1964 (Act No. 74 of 1964).

(4) If necessary, the employee may seek the services of an interpreter who may attend the inquiry.

(5) Both the employer's representative and the employee may call witnesses in support of his or her case and the witnesses so called may be cross-examined by the other party.

(6) The chairperson must keep a written record of the proceedings of the inquiry.

Finding of disciplinary inquiry

At the conclusion of the inquiry into a charge of misconduct, the chairperson must -

find whether the employee concerned is guilty or not guilty of the misconduct with which the employee has been charged;

if the chairperson finds that the employee is guilty of the misconduct with which he or she has been charged, make a recommendation to the employer that -

the employee be cautioned or reprimanded;

the employee's salary or rank, or both, be reduced;

the employee be discharged from service,

and inform the employee in writing of his or her finding and recommendation.

Steps after inquiry

(1) After the conclusion of the inquiry into a charge of misconduct, the chairperson must in writing -

within seven days after the making of the finding, report to the employer on the result of the inquiry; and

submit to the employer the following -

the record of the proceedings at the inquiry and any documentary evidence submitted thereat;

a written exposition of his or her finding and the reasons therefor;

any remarks which the chairperson wishes to make in connection with the inquiry; and

his or her recommendation in terms of regulation 14(b).

(2) after consideration of the documents referred to in subregulation 1(b), the employer may -

caution or reprimand the employee;

reduce the employee's salary or rank, or both;

discharge the employee from service.

(3) The employer must as soon as possible inform the employee concerned of its decision and of the employee's right of appeal in terms of regulation 16.

Appeals

(1) An employee may appeal against the finding of the chairperson or against the decision of the employer under regulation 15(2).

(2) The employee must submit his or her appeal to the appeal authority in writing within three working days of receipt of the employer's decision and the appeal must clearly set out the grounds of appeal.

(3) If an appeal is not made within three working days from the date on which the employee has been informed of the employer's decision, the finding of the chairperson and the employer's decision will be final.

(4) The National Librarian must appoint a person -

who was not involved in the decision to institute the disciplinary proceedings, and

who has a higher rank than the employee concerned; and

who was not involved in the disciplinary inquiry, as appeal authority to hear the appeal.

(5) The appeal authority must within five working days of receipt of the notice of appeal convene an appeal hearing.

(6) The employer and the employee, or their representatives, may be present at the appeal hearing and submit arguments on the grounds of the appeal.

(7) The appeal authority must decide on the outcome of the appeal. within two working days after the conclusion of the appeal hearing.

(8) The appeal authority may -

uphold or reject the appeal;

alter the decision of the employer,

and must provide the employer and the employee with written reasons for his or her decision, and the employer must immediately implement the decision of the appeal authority.

(9) The decision of the appeal authority is final.

Grievances of employees

(1) An aggrieved employee must first attempt to resolve any grievance informally through discussion with his or her immediate supervisor or head parties.

(2) No record of the discussions will be kept without prejudice to either of the

(3) If the grievance cannot be resolved through informal discussions, the grievant may lodge the grievance with the National Librarian in writing within 10 calendar days after the date on which the discussions were held and full details of the nature of the grievance must be set out.

(4) The National Librarian or a person designated by him or her must hold a formal enquiry within seven working days of receipt of the grievance contemplated in subregulation (3) in order to resolve the grievance and a written record of the enquiry must be kept.

(5) The National Librarian must in writing communicate the outcome of the inquiry in writing to the grievant and the Board within five working days of the meeting.

(6) If the grievance has not been disposed of to the satisfaction of the grievant he or she may declare a dispute with the National Library and refer the grievance to the Commission for Conciliation, Mediation and Arbitration for resolution in terms of Part C of Chapter VII of the Labour Relations Act, 1995 (Act No. 66 of 1995).

CHAPTER V

OTHER MATTERS

Professional Advisory Committees

(1) The Board may from time to time appoint professional advisory committees consisting of suitably qualified and experienced persons, to advise the Board on matters relating to the functions of the National Library.

(2) The committees appointed under subregulation (1) must have no executive powers.

(3) No remuneration is payable to the members of the committees other than such reasonable travel and subsistence costs as the Minister with the concurrence of the Minister of Finance may determine.

Rules and conditions for access and use

The Board may make rules and set out conditions in respect of access to the premises of the National Library and the use of its collections and facilities in order to ensure the safety of its premises, facilities and employees, the safety and convenience of users of the National Library, and the long-term preservation of its collections.

ANNEXURE

NOTICE OF DISCIPLINARY HEARING

[DATE]

[NAME OF EMPLOYEE]

[PERSONAL DETAILS OF THE EMPLOYEE]

You are hereby given notice to attend a disciplinary hearing in terms of the Regulations of the National Library of South Africa Act, 1998.

The alleged misconduct and the available evidence are: -

[A DETAILED DESCRIPTION OF MISCONDUCT MAY BE ATTACHED]

The meeting will be held at ________________________________________ [PLACE] on [DATE] __________________ at ________________ [TIME]. If you do not attend and cannot give reasonable grounds for failing to attend, the meeting will be held in your absence.

A fellow employee or a representative of a recognised union, of which you are a member, may represent you.

You may give evidence to the hearing in the form of documents or through witnesses. You will be entitled to question any witness introduced by your employer.

If the enquiry holds that you are guilty of misconduct, you may present any relevant circumstances in determining the disciplinary sanction.

_____________________
SIGNATURE OF EMPLOYEE

DATE: ________________

____________________________
SIGNATURE OF WITNESS (if applicable)

DATE: __________________

_______________________
SIGNATURE OF EMPLOYER

DATE: __________________