(6) Conditions of service fixed in terms of subsection (1) may provide that, in addition to any other
penalty that may be imposed upon them, members of the Health Service who have been found guilty of
misconduct or who have been convicted of an offence may be ordered to pay compensation to the State, a
statutory body, a local authority or any other person or fund in an amount not exceeding the amount of any
damage to or loss of property arising out of or occasioned by the misconduct or offence.
(7) Upon the making of an order referred to in subsection (6), the amount specified therein shall become a
debt due by the member concerned to the State or to the statutory body, local authority, person or fund in
whose favour the order was made, and may be sued for or otherwise recovered from the member concerned by
the Minister or by that statutory body, local authority, person or fund, as the case may be.
14 Consultations re conditions of service of members of Health Service
(1) The Board shall endeavour to engage in regular consultations and negotiations with hospital
management boards and recognised associations and organisations in regard to the conditions of service of
members of the Health Service who are represented by the recognised associations or organisations concerned.
(2) Notwithstanding subsection (1), conditions of service fixed or determined under this Act shall not be
invalid solely on the ground that they were not agreed to by all the parties to any consultation in terms of
subsection (1).
15 Persons under contract
(1) The Board or a hospital management board may engage persons under contract, on such conditions as
may be prescribed by the Board:
Provided that, if the effect of any such conditions would be to increase the fixed salary or salary scale
applicable to any post or grade, the Minister shall obtain the concurrence of the Minister responsible for
finance.
(2) There may be incorporated in the conditions referred to in subsection (1) such provisions of any
enactment relating to conditions of service of members of the Health Service as may be considered necessary
or desirable in the light of the nature of the contract.
(3) Upon the termination of a contract entered into in terms of subsection (1), the person under contract
shall cease to be a member of the Health Service, unless the contract is renewed or the member is appointed to
the Health Service in some other capacity.
16 Recognised associations and organisations
(1) The Minister, after consultation with the Board, may, by written notice to the association or
organisation concerned, declare any association or organisation representing all or any members of the Health
Service to be a recognised association or a recognised organisation, as the case may be, for the purposes of this
Act.
(2) The Minister, after consultation with the Board , may at any time, by written notice to the recognised
association or organisation concerned, revoke any declaration made in terms of subsection (1).
(3) Without derogation from section 14—
(a) the Minister and the Board may consult with a recognised association or organisation on such
matters affecting the efficiency, well-being or good administration of the Health Service or the
interests of members of the recognised association or organisation as the Minister and the Board
think appropriate; and
(b) a recognised association or organisation may make representations to the Minister and the Board
concerning the conditions of service of the members of the Health Service represented by the
association or organisation, and the Minister and the Board shall pay due regard to any such
representations when exercising any function in terms of this Act.
(4) Any member of the Health Service who is eligible to do so may join a recognised association or
organisation and, subject to this Act, participate in its lawful activities.
(5) A member of the Health Service who fails or refuses to join a recognised association or organisation
shall not, on account of such failure, be debarred from or prejudiced in respect of any appointment, promotion
or advancement within the Health Service.
17 Investigation and adjudication of misconduct cases
(1) Any case involving misconduct or suspected misconduct on the part of a member of the Health
Service employed by a Government hospital shall be investigated, adjudicated upon and punished by the
appropriate hospital management board, or by such person or authority as may be prescribed in service
regulations.
(2) Any case involving misconduct on the part of a member of the Health Service Secretariat shall be
investigated, adjudicated upon and punished by the appropriate person or authority prescribed in service
regulations.