Mandating Procedures of Provinces Act, 2008
R 385
Military Ombud Act, 2012 (Act No. 4 of 2012)7. Limitation on jurisdication |
| (1) | The Ombud may not investigate a complaint relating to— |
| (a) | the manner in which a military judge performs his or her functions in his or her capacity as a judge; |
| (b) | a matter that is pending before a military or civilian court; or |
| (c) | a matter on which a decision has been taken by a military or civilian court. |
| (2) | The Ombud may refuse to investigate a complaint if— |
| (a) | the investigation may undermine channels of command, or constitute insubordination in the Defence Force; |
| (b) | the complaint is frivolous or vexatious; |
| (c) | the complainant has failed to lodge a complaint within a reasonable time as prescribed; |
| (d) | a member has not first used the mechanisms available under the Individual Grievance Regulations, 2010, unless the complaint relates to problems inherent in the system which bring about an adverse result to the complainant; or |
| (e) | a matter has been referred for resolution through any other dispute resolution mechanism available. |
