Implementation of Geneva Conventions Act, 2012
R 385
Military Ombud Act, 2012 (Act No. 4 of 2012)RegulationsMilitary Ombud Complaints Regulations 20157. Method of conduct of investigation |
| (1) | The Ombud must assess the information submitted in the complaint contemplated in regulation 3(1) to determine if he or she has jurisdiction to investigate it. |
| (2) | The Ombud must, within 21 days after issuing an acknowledgment of receipt in terms of regulation 5(c), in writing, notify the complainant of his or her decision to— |
| (a) | investigate the complaint; |
| (b) | refuse to investigate the complaint and provide written reasons to the complainant for the refusal; or |
| (c) | request additional information or clarity on the information submitted. |
| (3) | The Ombud may, in accordance with section 6(6)(a) of the Act, summon any person to appear before him or her and such summons must specify— |
| (a) | information relating to the name and, where known and where applicable, the residential address and occupation or status of person being summoned; |
| (b) | the reason for being summoned and the place, date and time for the appearance of the person; |
| (4) |
| (a) | The summons shall be served by any person authorised by the Ombud by delivering it to the person named therein or, if he cannot be found, by delivering it at his residence or place of employment or business to a person apparently over the age of sixteen years and apparently residing or employed there. |
| (b) | A return by the person who served the summons that the service thereof has been effected in terms of paragraph (a), may, upon the failure of the person concerned to attend the relevant proceedings, be handed in at such proceedings and shall be prima facie proof of such service. |
| (c) | A summons must be served on a person so that he is in possession thereof at least fourteen days (Sundays and public holidays excluded) before the date appointed for the appearance. |
| (5) | The Ombud must investigate a complaint subject to the provisions of the Act and must determine the format and the procedure to follow in conducting any investigation, based on an assessment of the information provided. |
