| (1) |
Any matter in respect of which the Public Protector has jurisdiction may be reported to the Public Protector by any person— |
| (a) |
by means of a written or oral declaration under oath or after having made an affirmation, specifying— |
| (i) |
the nature of the matter in question; |
| (ii) |
the grounds on which he or she feels that an investigation is necessary; |
| (iii) |
all other relevant information known to him or her; or |
| (b) |
by such other means as the Public Protector may allow with a view to making his or her office accessible to all persons. |
| (3) |
The Public Protector may refuse to investigate a matter reported to him or her, if the person ostensibly prejudiced in the matter is— |
| (a) |
an officer or employee in the service of the State or is a person to whom the provisions of the Public Service Act, 1994 (Proclamation 103 of 1994), are applicable and has, in connection with such matter, not taken all reasonable steps to exhaust the remedies conferred upon him or her in terms of the said Public Service Act, 1994; or |
| (b) |
prejudiced by conduct referred to in subsections (4) and (5) and has not taken all reasonable steps to exhaust his or her legal remedies in connection with such matter. |
[Section 6(3)(b) substituted by section 8(a) of Act No. 113 of 1998]
| (4) |
The Public Protector shall, be competent— |
| (a) |
to investigate, on his or her own initiative or on receipt of a complaint, any alleged— |
| (i) |
maladministration in connection with the affairs of government at any level; |
| (ii) |
abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function; |
| (iii) |
improper or dishonest act, or omission or offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, with respect to public money; |
[Section 6(4)(a)(iii) substituted by section 36(1) of Act No. 12 of 2004]
| (iv) |
improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in the public administration or in connection with the affairs of government at any level or of a person performing a public function; or |
| (v) |
act or omission by a person in the employ of government at any level, or a person performing a public function, which results in unlawful or improper prejudice to any other person; |
| (b) |
to endeavour, in his or her sole discretion, to resolve any dispute or rectify any act or omission by— |
| (i) |
mediation, conciliation or negotiation; |
| (ii) |
advising, where necessary, any complainant regarding appropriate remedies; or |
| (iii) |
any other means that may be expedient in the circumstances; and |
[Section 6(4)(b) substituted by 1(a) of the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]
| (c) |
at a time prior to, during or after an investigation— |
| (i) |
if he or she is of the opinion that the facts disclose the commission of an offence by any person, to bring the matter to the notice of the relevant authority charged with prosecutions; or |
| (ii) |
if he or she deems it advisable, to refer any matter which has a bearing on an investigation, to the appropriate public body or authority affected by it or to make an appropriate recommendation regarding the redress of the prejudice resulting therefrom or make any other appropriate recommendation he or she deems expedient to the affected public body or authority.
|
[Section 6(4)(c)substituted by 1(b) of the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]
| (d) |
[Section 6(4)(d) deleted by section 91(b) of Act No. 2 of 2000] |
| (5) |
In addition to the powers referred to in subsection (4), the Public Protector shall on his or her own initiative or on receipt of a complaint be competent to investigate any alleged— |
| (a) |
maladministration in connection with the affairs of any institution in which the State is the majority or controlling shareholder or of any public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act 1 of 1999); |
[Section 6(5)(a) substituted by section 7 of Act No. 22 of 2003]
| (b) |
abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a function connected with his or her employment by an institution or entity contemplated in paragraph (a); |
| (c) |
improper or unlawful enrichment or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in connection with the affairs of an institution or entity contemplated in paragraph (a); or |
| (d) |
act or omission by a person in the employ of an institution or entity contemplated in paragraph (a), which results in unlawful or improper prejudice to any other person. |
[Section 6(5) substituted by section 8(b) of Act No. 113 of 1998]
| (6) |
Nothing in subsections (4) and (5) shall be construed as empowering the Public Protector to investigate the performance of judicial functions by any court of law. |
[Section 6(6) inserted by section 8(b) of Act No. 113 of 1998]
| (7) |
The Public Protector shall be competent to investigate, on his or her own initiative or on receipt of a complaint, any alleged attempt to do anything which he or she may investigate under subsections (4) or (5). |
[Section 6(7) inserted by section 8(b) of Act No. 113 of 1998]
| (8) |
The Public Protector or any member of his or her staff shall be competent but not compellable to answer questions in any proceedings in or before a court of law or any body or institution established by or under any law, in connection with any information relating to the investigation which in the course of his or her investigation has come to his or her knowledge. |
[Section 6(8) inserted by section 8(b) of Act No. 113 of 1998]
| (9) |
Except where the Public Protector in special circumstances, within his or her discretion, so permits, a complaint or matter referred to the Public Protector shall not be entertained unless it is reported to the Public Protector within two years from the occurrence of the incident or matter concerned. |
[Section 6(9) inserted by section 8(b) of Act No. 113 of 1998]
Foodstuffs, Cosmetics and Disinfectants Act, 1972
