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(b) hinders or obstructs the Comptroller and Auditor-General in the conduct of an audit in
terms of subsection (1);
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for
a period not exceeding three months or to both such fine and such imprisonment.
(3) Notwithstanding subsection (1) the Comptroller and Auditory-General may appoint a
suitably qualified person to audit the accounts of a hospital management board and if he or she
does so—
(a) subsection (1) and (2) shall apply in respect of the person so appointed as if he or she
were the Comptroller and Auditor-General; and
(b) any expenses incurred by the person so appointed in carrying out his or her audit shall
be met from the health services fund.
PART V
GENERAL
24 Appeals to Labour Court
(1) Any member or former member of the Health Service who is aggrieved by the decision of
the Health Service Board under section 17 in respect of—
(a) any verdict reached; or
(b) any penalty imposed upon him or her;
for misconduct committed or alleged to have been committed by him or her may, subject to this
section, appeal against the verdict or penalty to the Labour Court within six months from the date
of the verdict or imposition of the penalty.
(2) Sections 90, 91(1), 92 and 97 of the Labour Act [Chapter 28:01] shall apply, with
necessary modifications, in relation to any appeal in terms of subsection (1) as if the decision
appealed against were a determination in terms of that Act.
25 Pension benefits on transfer to Health Service
(1) Members of the Public Service transferred to the Health Service shall be entitled to
continue contributing towards a pension in terms of the Public Service (Pensions) Regulations,
1992, published in Statutory Instrument 124 of 1992, as amended or replaced from time to time
(hereinafter referred as the “Public Service Pension Scheme”), subject to such terms and
conditions as the Public Service Commission may fix with the approval of the Minister
responsible for the Public Service and the Health Service Board.
(2) The pensionable service of a person in the Public Service who is transferred to the Health
Service shall be deemed, for the purpose of calculating any pension or other benefit, to have been
pensionable service in the Health Service.
(3) A person other than a member of the Public Service who is transferred to the Health
Service in terms of section 33(7) and who contributed to any pension scheme may elect to
continue contributing to that pension scheme or to contribute towards the Public Service Pension
Scheme, and if he or she makes the latter election he or she shall—
(a) cease to contribute to the other pension scheme on the date of his or her transfer to the