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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 1 : Definitions

1. Definitions

 

In these Rules, any word or expression to which a meaning has been given in the Act, shall have that meaning and, unless the context indicates otherwise—

 

"complainant"

means—

any person who lodges a complaint with the Public Protector as provided for in these Rules;

[Definition substituted by section 3 of Notice No. 1047, GG43758, dated 2 October 2020]

 

"complaint"

means—

(a) a matter reported to the Public Protector in terms of section 6(1) of the Act;
(b) a complaint referred to in section 6(4), (5) and (7) of the Act; and
(c) a matter reported or referred to the Public Protector in terms of other legislation that regulates the mandate of the Public Protector;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"day"

means a calendar day, unless the last day of a specified period happens to fall on a Sunday or on any public holiday, in which case the time shall be calculated exclusive of that Sunday or public holiday in accordance with section 4 of the Interpretation Act, 1957 (Act No. 53 of 1957);

 

"office hours"
(a) in respect of offices of the Public Protector, means the hours between 08:00 and 16:00 on Monday to Friday, excluding public holidays; and
(b) in respect of offices designated by the Public Protector, means the hours during which the offices are operating;

 

"Parties to a dispute"

means the complainant and the state institution or an official or employee of the state institution involved in the complaint;

 

"Public Protector"

means the person appointed as Public Protector in terms of section 193 of The Constitution and, depending on the circumstances, any person to whom the Public Protector has delegated powers in terms of the Act;

 

"Service Standards"

means the Public Protector South Africa Investigations Service Standards as determined by the Public Protector and published on the Public Protector South Africa website as a framework of the public commitments on the timeframes and quality standards that can be expected when using the Public Protector’s services.

[Definition inserted by section 4 of Notice No. 1047, GG43758, dated 2 October 2020]

 

"state institution"

means—

(a) an institution or person referred to in section 6(4)(a) of the Act; and
(b) an institution, entity or person referred to in section 6(5)(a) of the Act; and

 

"the Act"

means the Public Protector Act No. 23 of 1994