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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 8 : Conducting of Proceedings before Public Protector

34. Procedures during proceedings

[Rule 34 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(1) The Public Protector may hear evidence from any person, in such manner as the Public Protector deems fit, at any office of the Public Protector, the premises of a state institution or any other place determined by the Public Protector.

 

(2) The Public Protector may, if he or she deems it necessary, administer an oath or accept an affirmation from any person appearing as a witness.

 

(3) The Public Protector shall take any step he or she deems necessary to establish the truth, correctness and relevance of any submission, declaration, explanation, information, statement or any other evidence.

 

(4) At any time during the proceedings, the Public Protector may postpone or adjourn the proceedings to allow the parties an opportunity to discuss the matter.

 

(5)
(a) The parties shall, subject to rule 32, be given a reasonable opportunity to respond to the evidence given at the proceedings.
(b) A party may, in responding to the evidence given at the proceedings, provide information or an explanation by giving evidence, calling witnesses and handing in documents and submissions.
(c) The Public Protector may decide whether sufficient evidence has been given to conclude the investigation or resolve the dispute and order that no further evidence shall be given.

 

(6) The parties to the dispute shall be given a reasonable opportunity to make a closing statement and to present, if they so require, further arguments in writing.

 

(7) The Public Protector shall conclude the proceedings by informing the parties to the dispute of further steps to be taken in the investigation or the resolving of the complaint.

 

 


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