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

Rules

Amendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020

Chapter 4 : Processing of Complaint lodged with Public Protector

10. Decision of Public Protector relating to late lodging of complaint

 

(1) The Public Protector shall, when making a decision regarding the late lodging of a complaint provided for in section 6(9) of the Act, consider—
(a) the information provided by the complainant;
(b) the nature of the complaint, the reasons for the complainant’s grievance and the redress being sought;
(c) the reason given by the complainant for the delay;
(d) whether the outcome of an investigation could rectify a systemic problem in the public administration;
(e) the likelihood of being able to investigate the matter due to the delay having regard to the nature of the allegations and the availability of information, evidence, witnesses and records; and
(f) any other relevant factor that the Public Protector regards as special circumstances.

 

(2) The Public Protector shall, if he or she decides not to accept a complaint lodged after two years from the occurrence of the incident or matter concerned, inform the complainant in writing of—
(a) the decision;
(b) the reasons for the decision; and
(c) the remedy available to the complainant in terms of sub-rule (3).

 

(3) A complainant who is dissatisfied with the decision of the Public Protector not to accept the late lodging of a complaint may request the Public Protector to reconsider the decision if there is new and relevant information that was not previously available and has a material effect on the decision made.

 

 


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