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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Initial charge not sufficient evidence for guilty verdict

Customer Question

Initial charge not sufficient evidence for guilty verdict in DC enquiry. Final warninig issued as it was evident accused was guilty of another less seroius offence. Accused accepted sanction imposed. Query - could it be accepted that the amendments to the charge although in final stages of DC enuiry will be allowed if the employee is not materially prejudiced?
Submitted: 4 years ago.
Category: South Africa Law
Expert:  JW Fourie replied 4 years ago.
It can be done. It is for the employee to object to the changes if he feels he is prejudiced and the Presiding Officer must then decide on whether there are, in fact, prejudice.

If I can draw a comparison with criminal law, even there it is allowed to find an accused guilty of any other offence that he has not been charged with, but that is in the same sort of 'family' that he has been charged with if all the evidents of the lesser crime has been proved. For instance, where an accused was charged with murder, but the State cannot prove intent, but instead proves negligence, then the accused can be found guilty of culpable homocide despite not being charged with it.

So, yes, unless the employee raised a valid objection and it was ignored by the presiding officer, it is allowed and procedural.

I hope this helps you a little bit, but if you have any further questions, feel free to ask them before you rate. It will not cost you anything extra. If you are satisfied with the answer, kindly click on one of the five faces on the ratings page. I don't get anything for this answer unless you do.