Older Persons Act, 2006
R 385
Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)Regulations on Fair Administrative Procedures, 2002Chapter 1 : Public InquiriesPart 1: General3. Notice of public inquiry |
| 1) | An administrator must give notice of a public inquiry : |
| a) | if the administrative action affects the rights of the public throughout the Republic, in the Government Gazette and a newspaper which is distributed, or in newspapers which collectively are distributed, throughout the Republic; or |
| b) | if the administrative action affects the rights of the public in a particular province only, in the Provincial Gazette of that province and a newspaper which is distributed, or in newspapers which collectively are distributed, throughout that province; or |
| c) | if the administrative action affects the rights of the public in a specific area only, in a newspaper which is distributed in that specific area. |
| 2) | A notice published in terms of sub-regulation (1) must state : |
| a) | whether the administrator will conduct the inquiry or whether a person or panel of persons has been appointed in terms of section 4(2)(a) of the Act to conduct the inquiry; |
| b) | where a person or panel has been appointed – |
| i) | the name of the person or the names of the persons on the panel appointed to conduct that inquiry, including, in the case of a panel, the name of the person appointed as convenor of that panel; and |
| ii) | the period within which the inquiry should be completed; and |
| c) | particulars of the matter to be investigated, or if a person or panel has been appointed, the terms of reference of that person or panel. |
| 3) | A notice published in terms of sub-regulation (1) must : |
| a) | contain an invitation to members of the public who have information on the matter to be investigated, to submit – |
| i) | written representations; or |
| ii) | a request for permission to testify or to make oral representations; |
| b) | state the closing date, which may not be earlier than 30 days from the date of publication of the notice, for persons to submit – |
| i) | written representations; or |
| ii) | requests for permission to testify or to make oral representations; |
| c) | when appropriate, contain a warning that written representations, or requests for permission to testify or to make oral representations, received after the closing date may be disregarded; |
| d) | state the name and official title of the person to whom any written representations or requests for permission must be sent or delivered; and |
| e) | state the : |
| i) | work postal and street address and, if available, also an electronic mail address; |
| ii) | work telephone number; and |
| iii) | fax number, if any, of the person contemplated in paragraph (d). |
| 4) | A notice published in terms of sub-regulation (1) must : |
| a) | contain sufficient information about the matter to be investigated to enable the public to submit meaningful representations; and |
| b) | when appropriate, specify a place or places where, and the hours within which, further information about the matter to be investigated will be available for public scrutiny. |
| 5) | A notice published in terms of sub-regulation (1)(a) and (b) in a newspape, may, notwithstanding the provisions of sub-regulations (2) to (4), only contain : |
| a) | a concise statement of the matter to be investigated; |
| b) | the name, official title, contact telephone number and physical address of the person from whom further information on the matter and the procedure of the investigation can be obtained; and |
| c) | a note that a more detailed notice concerning the matter to be investigated appears in the Government Gazette or Provincial Gazette, as the case may be. |
| 6) | If a notice published in terms of sub-regulation (1) specifies a place or places where further information about the matter to be investigated will be available for public scrutiny, access to that information must be allowed from the date on which the notice is published until the closing date for comment, with the exclusion of Saturdays, Sundays and public holidays. |
| 7) | Persons who want to submit requests for permission to testify or to make oral representations, must submit in writing to the person referred to in sub-regulation (3)(d) – |
| a) | their names, postal address and telephone number or other contact details; |
| b) | an indication of the matter on which they wish to testify or make oral or written representations; and |
| c) | their preference as to the language in which they want to testify or make oral or written representations. |
| 8) | In order to ensure that a public inquiry is brought to the attention of the public, an administrator may, in addition, publicise the information referred to in sub-regulations (1) to (4) by way of communications through the printed or electronic media, including by way of press releases, press conferences, the Internet, radio or television broadcasts, posters or leaflets. |
