Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024
No suit, prosecution or other legal proceedings under this Act, shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers: Provided that the public servants in the service of any public examination authority shall be subject to administrative action in terms of service rules of such public examination authority: Provided further that nothing shall prevent proceeding against such public servants where, prima facie case exists for establishing commission of an offence under this Act.
Summary
- Public servants are protected from lawsuits or prosecutions for actions done in good faith.
- This protection applies to anything done or intended to be done while discharging official functions.
- It also applies when the public servant is exercising their legal powers under this Act.
- Despite this protection, public servants can still face administrative or disciplinary action under their own authority's service rules.
- If there is clear evidence (a prima facie case) of a crime under this Act, the public servant can still be legally prosecuted.
Practical examples
FAQ
1. Does this law mean an exam official can never be sued?
They cannot be sued for honest mistakes made while doing their jobs in good faith, but they can be prosecuted if there is evidence they committed an actual offence.
2. What does good faith mean in this context?
It generally means acting with honest intentions and without a desire to cheat or cause wrongful harm.
3. If an official is caught taking a bribe, does Section 14 protect them?
No, because taking a bribe is an offence under the Act, and the law allows proceedings if there is a prima facie case of an offence.
Test yourself
Q1.According to Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024, what is required for a public servant to be protected from a suit or prosecution?
Q2.Under Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024, can a public servant still face consequences for their actions?
Q3.When does the protection offered by Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024 NOT prevent legal proceedings?
Q4.If an employee is deemed a public servant under Section 13, how does Section 14 of The Public Examinations (Prevention of Unfair Means) Act, 2024 impact them?