Mandating Procedures of Provinces Act, 2008
R 385
Legal Practice Act, 2014 (Act No. 28 of 2014)Chapter 5 : Legal Services Ombud51. Staff, finances and accountability of Office of Ombud |
| (1) | In order to perform its functions the Ombud must— |
| (a) | employ a director as the administrative head of the Office of the Ombud; |
| (b) | employ such administrative staff as may be necessary; and |
| (c) | enter into contracts with service providers and accept liability for the expenses incurred as a result of such services being rendered. |
| (2) | The Ombud must appoint a director for an agreed term not exceeding five years which may be renewed for one additional term not exceeding five years and on the conditions as the Minister, in consultation with the Minister of Finance, may determine. |
| (3) | The Director, as the administrative head and chief executive officer of the Office of the Ombud, is responsible for the general administration of the Office, and must— |
| (a) | manage and direct the activities of the Office of the Ombud, subject to the direction of the Ombud; |
| (b) | appoint and supervise the administrative staff of the Office of the Ombud; and |
| (c) | provide quarterly management reports to the Director-General. |
| (4) |
| (a) | The Minister must, after consultation with the Minister of Finance, determine the Director’s remuneration, allowances, benefits and other terms and conditions of employment. |
| (b) | The Minister must, after consultation with the Minister of Finance, determine the staff establishment of the Office, the remuneration, allowances, benefits, and other terms and conditions of appointment of the members of staff. |
| (5) | Expenditure in connection with the administration and functioning of the Office of the Legal Services Ombud must be defrayed from money appropriated by Parliament for this purpose. |
| (6) | Monies appropriated by Parliament for this purpose— |
| (a) | constitute earmarked funds on the departmental vote; and |
| (b) | may not be used by the Department for any other purpose unless the Ombud has been consulted and the National Treasury approves. |
| (7) | Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Director-General— |
| (a) | is charged with the responsibility of accounting for money received or paid out for or on account of the administration and functioning of the Office of the Ombud in accordance with National Treasury regulations; and |
| (b) | must cause the necessary accounting and other related records to be kept, which must be audited by the Auditor-General. |
| (8) | The financial year of the Office is the period of 1 April in any year to 31 March in the following year, except that the first financial year of the Office of the Ombud begins on the date on which this Chapter comes into operation, as contemplated subsection (13), and ends on 31 March of the following year. |
| (9) | The Office of the Ombud may invest or deposit money that is not immediately required for contingencies or current expenditure— |
| (a) | in a call account or short-term fixed deposit with any registered bank or financial institution in the Republic; or |
| (b) | in an investment account with the Corporation for Public Deposits established by section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984). |
| (10) | Within six months after the end of each financial year, the Director must prepare financial statements in accordance with established accounting practice, principles and procedures, comprising— |
| (a) | a statement, with suitable and sufficient particulars, reflecting the income and expenditure of the Office of the Ombud during the preceding financial year; and |
| (b) | a balance sheet showing the state of its assets, liabilities and financial position as at the end of that financial year. |
| (11) | The Auditor-General must audit the financial statements of the Office each year. |
| (12) | The Office of the Ombud may, after consultation with the Minister and the Minister of Finance— |
| (a) | acquire and alienate movable and immovable property; and |
| (b) | hire and let movable and immovable property. |
(13)
| (a) | The Office of the Ombud must commence with its functions as from a date fixed by the Minister by notice in the Gazette. |
| (b) | Before the date so fixed, the necessary arrangements must be made for the Office of the Ombud to be accommodated, equipped and staffed in order to perform its functions properly. |
