| (1) |
The Ombud must not proceed to resolve a complaint officially received, unless the Office— |
| (a) |
has, in writing, informed every other interested party to the complaint of the receipt thereof; |
| (b) |
is satisfied that all interested parties have been provided with such particulars as will enable the parties to respond thereto; and |
| (c) |
has provided all interested parties the opportunity to submit a response to the complaint. |
| (a) |
may, in resolving an officially received complaint, follow and implement any alternative dispute resolution procedure which the Ombud deems appropriate; |
| (b) |
may, delineate the functions of conciliation, mediation and arbitration between various functionaries of the Office; |
| (c) |
must, in the first instance, explore any reasonable prospect of resolving a complaint by conciliation or mediation acceptable to all parties; |
| (d) |
may, in order to resolve a complaint speedily by conciliation or mediation, make a recommendation to the parties, requiring the parties to confirm whether or not they accept the recommendation; |
| (e) |
may, where the recommendation is not accepted by a party, require that party to give reasons for not accepting it and refer the matter for arbitration; |
| (f) |
may, in the event of conciliation and mediation failing to reach resolution, if appropriate, initiate arbitration proceedings to adjudicate the matter in an expeditious manner; and |
| (g) |
may, on terms specified by the Office, mandate any person or persons to form an arbitral forum to perform any of the functions referred to in paragraph (e) or (f). |
| (3) |
Where the parties accept the recommendation contemplated in subsection (2)(d), such recommendation has the effect of a final determi-nation by the Office, contemplated in section 17M(1). |
| (4) |
For the purposes of any resolution by the Ombud, the provisions of the Commissions Act, 1947 (Act No. 8 of 1947), regarding the summoning and examination of persons and the administering of oaths or affirmations to them, the calling for the production of books, documents and objects, and offences by witnesses, apply with the necessary changes. |
Section 17K 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
