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National Small Business Act, 1996 (Act No. 102 of 1996)

Chapter 3A: Dispute Resolution Mechanism

17S. Regulations applicable to Ombud

 

(1)
(a) The Minister must make regulations including different regulations in respect of different categories of complaints or investigations by the Ombud, regarding—
(i) any matter which is required or permitted under this Act to be regulated by regulation;
(ii) the category of small enterprises qualifying as complainants;
(iii) the types of complaints justiciable by the Ombud;
(iv) the rights of complainants in connection with complaints, including the manner of submitting a complaint to the Ombud;
(v) the rights and duties of any other party to the complaint on receipt of a complaint, particularly in connection with the furnishing of replies to the complainant;
(vi) the rights of a complainant to submit a complaint to the Ombud where the complainant is not satisfied with a reply received from the party concerned; (vii) the circumstances under which the Ombud may dismiss a complaint without consideration of its merits; and
(viii) the reasonable time limit for any aspect of the proceedings before the Ombud and the extension of any time limit;
(b) the payment to the Office by a party involved in a complaint submitted to the Ombud, of case fees in respect of the consideration of the complaint by the Ombud; or
(c) any other administrative or procedural matter necessary or expedient for the better achievement of the objects of this Chapter, but which is not inconsistent with a provision of this Act.

 

(2) The Minister must—
(a) ensure that no regulation made under subsection (1) undermines or affects the independence of the Ombud in any material way; and
(b) publish the regulations made under subsection (1) in the Gazette.

 

Section 17S 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]