| (a) |
consider and adjudicate complaints by small enterprises and small enterprise organisations in terms of this Chapter through alternative dispute resolution mechanisms; |
| (b) |
initiate an investigation— |
| (i) |
if a small enterprise files a complaint in terms of this chapter; |
| (ii) |
concerning any alleged prohibited conduct on its own initiative; or |
| (iii) |
when directed to do so by the Minister in terms of section 17L; |
| (c) |
consider and approve the strategic plan of the Office; |
| (d) |
consider and decide on capital acquisitions and transactions that have not been delegated to the Director; |
| (e) |
prepare reports on a quarterly basis on the nature and progress on all complaints and investigations for submission to the Minister and Parliament; |
| (f) |
appoint personnel to ensure the efficient management of complaints; and |
| (g) |
make recommendations for amendments to the regulations and policy guidelines. |
| (2) |
The Ombud may conduct any business that is required for the proper maintenance and development of the Office. |
| (3) |
For the purposes of subsection (1)(b), the Ombud is— |
| (a) |
competent to investigate, on receipt of a complaint by a complainant, any alleged— |
| (i) |
unfairness in relation to a contractual arrangement or other legal relationship between the complainant and any other party to the complaint; |
| (ii) |
abuse or unjustifiable exercise of power or unfair or other improper conduct or undue delay in performing in terms of a contractual arrangement or other legal relationship between the complainant and any other party to the complaint; or |
| (iii) |
practice, act or omission which results in unlawful or improper prejudice to a small enterprise. |
| (4) |
At any time prior to, during, or after an investigation referred to in subsection (3), the Ombud may if he or she— |
| (a) |
is of the opinion that the facts reveal the commission of an offence by any person, bring the matter to the notice of the relevant authority charged with prosecutions; or |
| (b) |
deems it advisable, refer any matter which has a bearing on an investigation to the appropriate body or authority affected by it, or make an appropriate recommendation regarding the redress of the prejudice in question or make any other appropriate recommendation that the Ombud deems expedient, to the affected body or authority. |
| (5) |
For the purposes of an investigation, the Ombud may— |
| (a) |
summon any person to furnish any information on the subject of the investigation or who has in his or her possession or under his or her control any book, document or other object relating to the investigation, to appear before the Ombud at a time and place specified in the summons, to be questioned or to produce that book, document or other object; and |
| (b) |
designate a person to question that person, under oath or affirmation, and examine or retain for further examination or for safe custody the book, document or other object in question. |
| (6) |
A summons referred to in subsection (5)(a) must— |
| (a) |
be in the form determined in the regulations; |
| (b) |
contain particulars of the matter in connection with which the person concerned is required to appear before the Ombud; |
| (c) |
be signed by the Ombud or a person authorised by him or her; and |
| (d) |
be served as determined in the regulations. |
| (a) |
The Ombud may, subject to paragraph (b), in the manner he or she deems fit, make known to any person or body any report, finding, recommendation or determination in respect of a matter investigated by him or her. |
| (b) |
The report, finding, recommendation or determination in respect of an investigation by the Ombud must, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person or body implicated thereby. |
| (c) |
A report or finding, recommendation or determination in respect of an investigation by the Ombud must be open to the public, unless the Ombud is of the opinion that exceptional circumstances require that the report, finding, recommendation or determination be kept confidential. |
Section 17G inserted by section 5 of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024]
Protection of Businesses Act, 1978
