Special Investigating Units and Special Tribunals Act, 1996
R 385
Military Ombud Act, 2012 (Act No. 4 of 2012)6. Powers and functions of Ombud and Deputy Ombud |
| (2) | A complaint must be lodged in writing with the Office in the prescribed manner. |
| (3) | On receipt of a complaint the Ombud must register the complaint as may be prescribed. |
| (4) | The Ombud must investigate a complaint fairly and expeditiously without fear, favour or prejudice. |
| (5) | The Ombud may not investigate a complaint unless the Ombud— |
| (a) | has in writing informed every other interested party to the complaint of the receipt thereof; |
| (b) | is satisfied that all interested parties have been provided with such particulars that will enable the parties to respond to the complaint; and |
| (c) | has afforded all interested parties the opponunity to submit a response to the complaint. |
| (6) | For the purpose of subsection (1), the Ombud— |
| (a) | may summon any person to submit an affidavit or affirmed declaration or to appear before him or her to give evidence or produce any document that has a bearing on the matter before him or her; |
| (b) | may resolve any dispute by means of mediation, conciliation or negotiations or in any other expedient manner; and |
| (c) | must promote the observance of the fundamental rights of the members of the Defence Force. |
| (7) | After investigating a complaint, the Ombud must— |
| (a) | uphold or dismiss the complaint, or issue an alternative resolution: |
| (b) | recommend an alternative resolution to the Minister; or |
| (c) | refer the complainant to the appropriate public institution for finalisation, if the matter falls outside his or her jurisdiction. |
| (8) | If the Ombud upholds the complaint, the Ombud must recommend the appropriate relief for implementation to the Minister. |
| (9) | The Ombud must immediately after finalisation of the investigation, and in writing, advise the complainant and any other affected person of the outcome of the investigation. |
| (10) | The Ombud must perform any other function allocated to him or her under this Act. |
| (11) | The Minister may assign to the Ombud any other additional functions which are not inconsistent with this Act |
| (12) | The Deputy Ombud must perfonn any functions assigned to him or her by the Ombud. |
| (13) | The Deputy Ombud must perform the functions of the Ombud if the Ombud is for any reason unable to perform his or her functions. |
