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Public Protector Act, 1994 (Act No. 23 of 1994)

Rules

Amendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020

Chapter 4 : Processing of Complaint lodged with Public Protector

9. Procedure followed after lodging complaint

 

(1) The Public Protector shall, within the timeframes specified in the Public Protector Service Standards, but not later than 14 days after receipt of the complaint, in writing inform the complainant whether or not he or she has accepted the complaint.

[Rule 9(1) substituted by section 11 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(2) If the Public Protector is unable to comply with the time frame provided in sub-rule (1), he or she shall inform the complainant of the reasons therefore and indicate the period within which the complainant may likely be informed whether or not his or her complaint has been accepted.

 

(3) If the Public Protector accepts the complaint, he or she shall within  the timeframes specified in the Public Protector Service Standards, but not later than 14 days after receipt of the complaint—
(a) decide how the complaint will be dealt with, with reference to the options provided for in section 6 of the Act; and
(b) if the matter has been assigned to an investigator, inform the complainant of the investigator’s name and contact particulars.

[Rule 9(3) substituted by section 12 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(4) The Public Protector shall, if a complaint has been lodged against an incorrect state institution—
(a) investigate the complaint, if the Public Protector has jurisdiction over the complaint; and
(b) inform the complainant of the correct state institution to be investigated.