Who can report a matter or lodge a complaint?
"Public Protector" means the person appointed as Public Protector in terms of section 1A of the Act and includes any person to whom he or she has delegated his or her powers in terms of the Act. "the Act" means the Public Protector Act, 1994 (Act No.
National Environmental Management Act 108 of 1999.
must provide the Public Protector with a copy of his or her identity document to resolve the complaint, if relevant.
the registration number and official stamp of the juristic person.
Complaints or request relating to the operation or administration of the Promotion of Access to Information Act 1 of 2000.
The complainant may, when reporting the complaint or matter or at any stage thereafter, request that his or her personal particulars be kept confidential and not be disclosed to any person outside the Public Protector's office.
The Public Protector may, if a complaint is not made under oath or affirmation and the considerations in sub rule (1) do not apply, request the complainant to submit an affidavit or affirmed declaration confirming that complaint.
The Public Protector must after an oral complaint has been reduced in writing in terms of paragraph (a), verify the correctness thereof in any manner he or she deems fit.
The Public Protector must make the changes to the written complaint necessary to bring it in line with the indications of the complainant.
The Public Protector must keep record of the process followed in terms of this rule.
The complaint must, if it is contained in an e-mail or the complaints form, be completed in full and signed by the complainant.
The complainant may request that he or she be provided with a complaints form which must be available at the office of the Public Protector.
by completing a complaints form on line, in which case the complainant must keep a copy of the completed form.
A complaint must preferably be lodged at the office of the Public Protector in the area where the incident or conduct complained of took place.
The Public Protector must, witbin 5 days from the date of receipt of any manner he or she deems fit but must keep proof thereof.
if he or she has jurisdiction over the complaint, assign the complaint to a person for investigation.
The investigator to whom a complaint has been assigned for investigation, must within 5 days after having been so assigned, contact the complainant and provide the complainant with his or her contact particulars.
The person referred to in paragraph (a), may contact the complainant in any manner he or she deems fit but must keep proof thereof.
If, on the basis of the complaint received, it is not possible to come to a conclusion regarding the merits of the complaint or to determine an appropriate manner of dealing with the complaint, the Pubiic Protector may conduct a preliminary investigation.
The Public Protector may advise the complainant that it might be appropriate to complain against an organ of state organ other than the one mentioned in the complaint.
The Public Protector may if the complaint or matter falls within his or her jurisdiction investigate the complaint or matter.
(1)The Public Protector may identify on own initiative a matter as referred to in section 7 of the Act, that falls within her/ his jurisdiction.
inform the complainant of this fact and of the circumstances justifying a longer period; and conclude the preliminary investigation within a reasonable period.
In terms of section 181(3) of the Constitution, organs of state are legally obliged to assist the Public Protector and protect' its/ her/ his independence, impartiality, dignity and effectiveness. Organs of State must cooperate with the Public Protector, provide her/him access to their premises and all data in their possession relevant to the investigation in process or the Public Protector's preventive actions. This obligation includes cooperation in regard to responding within stipulated timelines and attending meetings aimed at resolving matters under investigation by the Public Protector.
Public Protector may initiate disciplinary procedures against the relevant public administration employees and report on such conduct.
The Public Protector shall give the parties notice of the hearing on a form which substantially corresponds with the form provided for in Annexure F.
A party to a complaint must attend the hearing irrespective of whether or not that party is represented.
A hearing is an informal procedure which is inquisitorial in nature.
the inquisitorial nature of the hearing; and the procedures which will be followed, to the parties and witnesses.
respond to the evidence given at the hearing.
The rules of evidence shall not apply in respect of a hearing and the Public Protector may ascertain any relevant fact in a manner he or she deems fit.
making a finding on the facts and, if necessary, take remedial action.
The Public Protector may advise the complainant to approach an appropriate institution if the Public Protector does not have jurisdiction or if an appropriate remedy is available through that institution.
The Public Protector must investigate the complaint or matter if the Public Protector has jurisdiction in respect thereof and the complainant insists on an investigation by the Public Protector unless the Act in that particular case empowers the Public Protector to refuse to investigate that matter.
The Public Protector may appoint any person to facilitate conciliation sessions or mediation proceedings.
whether or not the party has been properly notified of the date, time and place of the proceedings; and any other relevant factor the Public Protector may deem fit.
Once the parties reach an agreement after conclusion of the proceedings the Public Protector ensures that such an agreement is reduced to writing and signed by the parties within 3 working days after resolving the issue.
An application to join any person or institution as a party to the proceedings or to substitute an existing party must be accompanied by copies of all documents previously delivered unless the person concerned is already in possession of the documents.
The Public Protector may, on own initiative or on application in writing by a party to the proceedings, consolidate two or more complaints and deal with these complaints in the same proceedings.
The Public Protector may on own initiative, on request of a party to the proceedings or by agreement of the parties to the proceedings, make a determination on the disclosure of relevant documents.
The Public Protector shall determine the manner in which the parties will conduct themselves during the proceedings.
the method applied to resolve a dispute between the parties; and the fact that the dispute between the parties have been resolved, nothing in this Chapter shall prevent the Public Protector to conduct an investigation.
A dispute is conciliated, mediated or negotiated in the office of the Public Protector of the province were the complaint or matter arose unless the Public Protector directs otherwise.
Before commencing proceedings referred to in rule 30(3) the Public Protector shali require the parties to sign a confidentiality agreement acknowledging that all statements made during the proceedings as well as any documents prepared and submitted for such proceedings are confidential and inadmissible against another party in any subsequent civil proceedings.
The Public Protector shall give the parties at least 5 days' notice of an intended conciliation, unless the parties agree to a shorter period.
The Public Protector shall determine the issues to be conciliated and informs the parties accordingly.
The Public Protector shall direct the proceedings, develop and propose terms of settlement, and determine an outcome to the issues being conciliated.
The Public Protector gives the parties at least 5 days' notice of intended negotiations, unless the parties agree to a shorter period.
The Public Protector gives the parties at least 5 days' notice of intended mediation, unless the parties agree to a shorter period.
The Public Protector shall facilitate the proceedings and examine and evaluate the presentations of the parties.
CHAPTER 10 43.
The Public Protector may, having regard to section 181(2) to (5) of the Constitution, decide to make use of the powers provided for in the Act if an organ of state or other person does not cooperate voluntarily with the Public Protector.
The Public Protector must, before the commencement of any recording, inform the persons present of the fact that a recording will be made and of the manner of recording.
All proceedings in terms of the Act, including investigations, will be conducted in English, unless a complainant requests that the proceedings be conducted in another official language.
A party who needs the services of an interpreter during any proceedings in terms of the Act, must give reasonable notice to the Public Protector who must make the necessary arrangements.
A party who wishes to make use of the services of an attorney or advocate in terms of section 6(8) of the Act, shall be responsible for the costs involved in securing these services.
These Rules remain in force until repealed or amended by the Public Protector by publication in the Gazette.
Enquiries about the services of or any complaint or matter reported to in terms of section 6 of the Act, can be made from any person at the contact details listed in Annexure A to the Rules.
A complainant may, if he or she is dissatisfied with the handling of his or her complaint, approach the Customer Care Service at the Head Office of the Public Protector in Pretoria.
These Rules are called the Public Protector Rules and shall come into operation on...
City: Province: Postal Code.
Name 10 Number.
2.1 How did you hear about the Office of the Public Protector D Radio D Newspaper D Poster D Friend D TV D Othe?
Date Month year.
reasons why you did not complain to the Office of Public Protector earlier.
2.3 Which government agency is involved (Please identify by specific name?
2.4 Whom have you dealt with at the government agency?
2.6 Please summarize your complaint.
If yes, what was the result?
2.10 Describe how you would like the Office of the Public Protector to help you.
2.11 If you consider the matter urgent, explain why.
1>1("Y;H~tll~ f E~! \f/l iHHtfC,) r1lJ>II1I1t"l. tu ,-Hi Vflllnl.
Reference: 7/2 -...
The Public Protector is currently conducting an investigation into the complaint of [complainant's name] relating to the alleged [summary of the allegations].
The investigation is conducted in terms of the provisions of Chapter 9 of the Constitution of the RSA, 1996 and the Public Protector Act, 1994.
In terms of section 7(4)(a) of the Public Protector Act, 1994 the Public Protector may direct any person to submit an affidavit or affirmed declaration or to appear before the Public Protector to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person.
NableHabie to/0 a fine not exceeding or to imprisonment for a period months or such fine and imprisonment.