(a) to have resigned from the Public Service; or
(b) if he has reached pensionable age, to have retired from the Public Service;
on that date.
(3) If a person who has ceased to be a member of the Public Service in terms of subsection (2)—
(a) fails to secure or abandons his candidature or fails to be elected to the local authority concerned; and
(b) within thirty days after the election, applies in writing to the Commission for reinstatement in the Public
Service;
the Commission may re-appoint him, subject to such terms and conditions as the Commission may fix, to an office
or post in the Public Service with effect from the date on which he ceased to be a member in terms of subsection
(2):
Provided that the member shall be deemed to have been on unpaid leave of absence during the period between his ceasing to be a member in terms of subsection (2) and the date on which he assumes duty after reappointment in terms of this subsection.
(4) Where a member of the Public Service is the subject of a declaration in terms of subsection (5) of section
41 of the Urban Councils Act [Chapter 29:15] or subsection (4) of section 29 of the Rural District Councils Act
[Chapter 29:13], to the effect that his membership of the Public Service does not disqualify him for election to a
local authority, the Commission may permit him to seek election to the local authority in terms of subsection (1)
without declaring that he has ceased to be a member of the Public Service, and in that event subsections (2) and
(3) shall not apply to him.
23A Member of Public Service seeking election to Parliament
(1) Any member of the Public Service who wishes to seek election to Parliament shall be deemed to have resigned from the Public Service with effect from the date of acceptance of his nomination by the nomination court.
(2) A person referred to in subsection (1) who abandons his candidature or fails to be elected to Parliament
may apply to the Commission for re-appointment after a period of three months from the date of the election
concerned.
[Section inserted by section 6 of Act 16 of 2001]
24 Recognized associations and organizations
(1) The Minister may, by written notice to the association or organisation concerned, declare any ass ociation
or organisation representing all or any members of the Public Service to be a recognized association or a reco gnized organisation, as the case may be, for the purposes of this Act.
(2) The Minister may at any time, by written notice to the recognized association or organisation concerned,
revoke any declaration made in terms of subsection (1).
(3) Without derogation from section twenty—
(a) the Minister and the Commission may consult with a recognized association or organisation on such
matters affecting the efficiency, well-being or good administration of the Public Service or the interests
of members of the recognized association or organisation, as the Minister or the Commission, as the
case may be, thinks appropriate; and
(b) a recognized association or organisation may make representations to the Minister and the Commission
concerning the conditions of service of the members of the Public Service represented by the association
or organisation, and the Minister or the Commission, as the case may be, shall pay due regard to any
such representations when exercising any function in terms of this Act.
(4) Any member of the Public Service who is eligible to do so may join a recognized association or organisation and, subject to this Act, participate in its lawful activities.
(5) A member of the Public Service who fails or refuses to join a recognized 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 Public Service.
PART V
DISCIPLINE OF M EMBERS OF THE P UBLIC S ERVICE
25 Investigation and adjudication of misconduct cases
(1) Any case involving misconduct or suspected misconduct on the part of a member of the Public Service
shall be investigated, adjudicated upon and, where appropriate, punished by such person or authority as may be
prescribed in service regulations.
(2) The procedure to be followed in the investigation and adjudication of misconduct cases referred to in
subsection (1), and the punishments that may be imposed upon members of the Public Service found guilty of
misconduct, shall be as prescribed in service regulations or, in the absence of such prescription, as fixed by the
Commission.
26 Appeals to Labour Court
(1) Any member or former member who is aggrieved by—