| (1) |
The parties involved in an investigation may obtain legal assistance for the purposes of the investigation to be conducted in terms of section 7 of the Act, but are obliged to personally provide any information, documents or evidence requested from them by the Public Protector. |
[Rule 16(1) substituted by section 14 of Notice No. 1047, GG43758, dated 2 October 2020]
| (2) |
Subject to sections 7(8) and (9) of the Act, parties to a dispute may be assisted by his or her legal representative, who may accompany a party to any proceedings of the Public Protector with the permission of the Public Protector and to the extent determined by the Public Protector. |
| (3) |
The Public Protector shall, in exercising his or her discretion in terms of sub-rule (2), take into consideration the following factors: |
| (a) |
The nature of the information or the evidence to be provided to the Public Protector; |
| (b) |
the complexity of the matter investigated or any specific aspect thereof; |
| (c) |
the seriousness of the matter investigated; |
| (d) |
the extent to which allowing legal representation will affect the timeous conclusion of the investigation or any part thereof; and |
| (e) |
any other factor which is, in the opinion of the Public Protector, relevant to the investigation. |
| (4) |
Any person appearing before the Public Protector or his/her advocate or an attorney assisting during the examination, may be entitled to peruse such of the documents or records of any evidence in the possession of a member of the office of the Public Protector obtained during an investigation as are reasonably necessary to refresh his or her memory. |
Older Persons Act, 2006
