[Rule 23 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) |
When the Public Protector requires information from a state institution for purposes of an investigation, he or she shall in writing— |
| (a) |
inform the state institution of the investigation; |
| (b) |
advise the state institution if the investigation is conducted in terms of legislation other than the Act; and |
| (c) |
indicate to the state institution what information is required and the format thereof. |
| (2) |
Where a state institution receives correspondence from the Public Protector, including a request for information, a notice in terms of section 7(9) of the Act or a provisional report, it must submit a written reply or written substantive reply, as the case may be, except where the Public Protector specifies otherwise, within the following time limits: |
| (a) |
A written reply, including an acknowledgement of receipt within three days of the receipt of a request for information; |
| (b) |
a substantive written reply with the requested information, documents or comments relating to investigations conducted in terms of the Executive Members’ Ethics Act, 1998 (Act No. 82 of 1998), within 14 days of the receipt of such a request; |
| (c) |
a substantive written reply with the requested information, documents or comments relating to investigations conducted in terms of the Act, within 30 days of the receipt of such a request; and |
| (d) |
a substantive written reply on a notice or a provisional report released to the state institution in terms of section 7(9) of the Act, within 10 days of the receipt of such a notice or report. |
| (3) |
Where the state institution has failed to submit a reply within the timeframes referred to in subrule (2), the Public Protector may direct the state institution concerned to submit a substantive reply, which reply must be received not later than seven days from the date of the directive. |
| (4) |
The Public Protector shall address a request for information referred to in sub-rule (1) to— |
| (a) |
the executive authority of the state institution as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); |
| (b) |
the head of the state institution; or |
| (c) |
a person, official or employee designated by the head of the state institution for the purposes of dealing with requests for information from the Public Protector. |
Older Persons Act, 2006
