Protection of Businesses Act, 1978
R 385
Public Protector Act, 1994 (Act No. 23 of 1994)3. Staff of Public Protector |
| (1) | The Public Protector shall, subject to his or her directions and control, in the performance of his or her functions under this Act and the Constitution, be assisted by— |
| (a) | the Deputy Public Protector; |
[Section 3(1)(a) substituted by section 5(b) of Act No. 22 of 2003]
| (b) | a suitably qualified and experienced person as Chief Administrative Officer, appointed by the Public Protector or seconded in terms of subsection (12), for the purpose of assisting the Public Protector in the performance of all financial, administrative and clerical functions pertaining to the office of the Public Protector; and |
| (c) | such staff, seconded in terms of subsection (12) or appointed by the Public Protector, as may be necessary to enable the Public Protector to perform his or her functions. |
| (2) | [Section 3(2) deleted by section 5(c) of Act No. 22 of 2003] |
| (3) | A person referred to in subsection (1)(c) shall have such powers as the Public Protector may delegate to him or her. |
[Section 3(3) substituted by section 5(d) of Act No. 22 of 2003]
| (4) | [Section 3(4) deleted by section 5(e) of Act No. 22 of 2003] |
| (5) | [Section 3(5) substituted by section 5(e) of Act No. 22 of 2003] |
| (6) | [Section 3(6) deleted by section 6(d) of Act No. 113 of 1998] |
| (7) | [Section 3(7) deleted by section 6(d) of Act No. 113 of 1998] |
| (8) | [Section 3(8) deleted by section 5(e) of Act No. 22 of 2003] |
| (9) | The persons appointed by the Public Protector in terms of subsection (1)(b) or (c) shall receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods, as the Public Protector may determine. |
| (10) | In exercising his or her powers in terms of subsections (1) and (9), the Public Protector shall consult with the Minister of Finance. |
[Section 3(10) substituted by section 6(f) of Act No. 113 of 1998]
(11)
| (a) | A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector in terms of this section, shall be tabled in the National Assembly within 14 days after such determination. |
[Section 3(11)(a) substituted by section 5(f) of Act No. 22 of 2003]
| (b) | If the National Assembly disapproves of any determination such determination shall cease to be of force to the extent to which it is so disapproved. |
[Section 3(11)(b) substituted by section 6(g) of Act No. 113 of 1998]
| (c) | If a determination ceases to be of force as contemplated in paragraph (b)— |
| (i) | anything done in terms of such determination up to the date on which such determination ceases to be of force shall be deemed to have been done validly; and |
| (ii) | any right, privilege, obligation or liability acquired, accrued or incurred up to the said date under and by virtue of such determination, shall lapse upon the said date. |
| (12) | The Public Protector may, in the performance of the functions contemplated in subsection (1)(b), at his or her request, be assisted by officers in the Public Service seconded to the service of the Public Protector in terms of any law regulating such secondment. |
[Section 3(12) substituted by section 6(h) of Act No. 113 of 1998]
| (13) | A member of the office of the Public Protector shall— |
| (a) | serve impartially and independently and perform his or her functions in good faith and without fear, favour, bias or prejudice; |
| (b) | serve in a full-time capacity to the exclusion of any other duty or obligation arising out of any other employment or occupation or the holding of any other office: Provided that the committee may exempt the Deputy Public Protector and a person contemplated in section 7(3)(b) shall be exempted from the provisions of this paragraph. |
[Section 3(13)(b) substituted by section 5(g) of Act No. 22 of 2003]
| (14) | No person, other than a person contemplated in section 7(3), shall conduct an investigation contemplated in section 7 or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary interest or any other interest which might preclude him or her from performing his or her functions in a fair, unbiased and proper manner. |
| (15) | If any person fails to disclose an interest contemplated in subsection (14) and conducts or renders assistance with regard to an investigation contemplated in section 7, while having an interest in the matter being investigated, the Public Protector may take such steps as he or she deems necessary to ensure a fair, unbiased and proper investigation. |
[Section 3 substituted by section 5(a) of Act No. 22 of 2003]
