Basic Conditions of Employment Act, 1997
R 385
Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesPublic Service Commission Rules on Conducting InvestigationsChapter 2 : Lodging of complaints with the Commission4. Matters that will not be investigated by the Commission |
| (1) | The following matters that fall outside the jurisdiction of the Commission will not be investigated: |
| (a) | corruption and maladministration; |
| (b) | conduct of private medical practitioners; |
| (c) | the outcome of and delays in court cases; |
| (d) | public entities as listed in Schedules 2 and 3 of the Public Finance Management Act, 1999; |
| (e) | former public servants; |
| (f) | private sector bargaining councils and labour unions; |
| (g) | conduct of Magistrates during court cases; |
| (h) | conduct of Sheriffs of the Court; and |
| (i) | private businesses. |
| (2) | The Commission will also not investigate a complaint if any of the following applies: |
| (a) | A complaint already investigated by the Commission; |
| (b) | A complaint lodged with the Commission that has already been lodged with another institution that would lead to a duplication of efforts or resources; |
| (c) | A complaint that has been investigated by another institution will not be reviewed by the Commission; |
| (d) | Instances where the Commission establishes non-disclosure by the complainant of having referred the complaint to another institution; |
| (e) | A complaint that can more appropriately be dealt with by another institution; |
| (f) | An anonymous complaint in which critical factual gaps exist, rendering the likelihood of a successful conclusion unlikely; |
| (g) | A complaint of a frivolous, vexatious or tactical nature or seeking to abuse the Public Service Commission Rules on conducting investigations |
| (h) | A complaint not meeting the criteria set out in the Public Service Commission Rules on conducting investigations; and |
| (i) | Instances of "Forum Shopping". |
