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Public Protector Act, 1994 (Act No. 23 of 1994)

8. Publication of findings

 

(1) The Public Protector may, subject to the provisions of subsection (3), in the manner he or she deems fit, make known to any person any finding, point of view or recommendation in respect of a matter investigated by him or her.

 

(2)

(a) The Public Protector shall report in writing on the activities of his or her office to the National Assembly at least once every year: Provided that any report shall also be tabled in the National Council of Provinces.
(b) The Public Protector shall, at any time, submit a report to the National Assembly on the findings of a particular investigation if—
(i) he or she deems it necessary;
(ii) he or she deems it in the public interest;
(iii) it requires the urgent attention of, or an intervention by, the National Assembly;
(iv) he or she is requested to do so by the Speaker of the National Assembly; or
(v) he or she is requested to do so by the Chairperson of the National Council of Provinces.

[Section 8(2) substituted by section 11(a) of Act No. 113 of 1998]

 

(2A)

(a) Any report issued by the Public Protector shall be open to the public, unless the Public Protector is of the opinion that exceptional circumstances require that the report be kept confidential.
(b) If the Public Protector is of the opinion that exceptional circumstances require that a report be kept confidential, the committee must be furnished with the reasons therefor and, if the committee concurs, such report shall be dealt with as a confidential document in terms of the rules of Parliament.
(c) For the purposes of this section, 'exceptional circumstances' shall exist if the publication of the report concerned is likely—
(i) to endanger the security of the citizens of the Republic;
(ii) to prejudice any other investigation or pending investigation;
(iii) disturb the public order or undermine the public peace or security of the Republic;
(iv) to be prejudicial to the interests of the Republic; or
(v) in the opinion of the Public Protector to have a bearing on the effective functioning of his or her office.

[Section 8(2A) inserted by section 11(b) of  Act No. 113 of 1998]

 

(3) The findings of an investigation by the Public Protector shall, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person implicated thereby.