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Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

[Withdrawn] Rules for Lodging of Complaints regarding Public Service

5. Procedure to follow when lodging a complaint

 

(1) Before lodging a complaint with the Commission the complainant should first endeavour to resolve the complaint with the relevant institution.

 

(2) If the complainant is still not satisfied, or when it is not desirable for a person to endeavour to resolve a complaint with the relevant institution, he or she may then lodge that complaint with the Commission via the national office or the regional office. In the latter instance the Commission will, in its discretion, deal with the matter.

 

(3) The following procedure should be followed when a complaint is lodged with the Commission:
(a) A complaint must be lodged with the Commission within twelve months from the date on which the incident occurred.
(b) A complaint should preferably be—
(i) submitted in writing; and
(ii) in the form set out in Annexure A.
(c) Should the complainant be unable to submit a complaint in writing, the complainant may lodge a complaint in person with the Commission.
(d) The following information should be contained in the complaint:
(i) The nature of the complaint;
(ii) The background and history of the complaint;
(iii) The steps that have been taken in trying to resolve the problem; and
(iv) The names and particulars of the employees of the institution who have been dealing with the complaint (if applicable).
(e) Copies of all documentation relevant to the complaint, should also be submitted to the Commission.

 

(4)
(a) The Commission is not obliged to investigate anonymous complaints.
(b) The decision to investigate an anonymous complaint will depend on whether such a complaint is supported by evidence or documentation.

 

(5) A complaint in respect of a matter which the Commission has already dealt with may not be resubmitted to the Commission unless new facts or evidence are presented which justify a reconsideration of the matter.

 

(6) The Commission will decide whether to deal with a complaint which has already been referred to another forum.