Protection of Businesses Act, 1978
R 385
National Small Business Act, 1996 (Act No. 102 of 1996)Chapter 3A: Dispute Resolution Mechanism17I. Prescription of complaints |
The following jurisdictional provisions apply to the Ombud in respect of the investigation of complaints:
| (a) | The Ombud must decline to investigate any complaint which relates to an act or omission which occurred on or before the date of commencement of this Act; |
| (b) | where the complainant was unaware of the occurrence of the act or omission, the period of three years commences on the date on which the complainant became aware or ought reasonably to have become aware of such occurrence, whichever occurs first; |
| (c) | the Ombud must decline to investigate a complaint if, before the date of official receipt of the complaint, proceedings have been instituted by the complainant in any Court in respect of a matter which would constitute the subject of the investigation; and |
| (d) | where any Court or other proceedings are instituted during an investigation by the Ombud, such investigation must not be proceeded with. |
Section 17I 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]