[Rule 25 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) |
If the Public Protector is satisfied that a person has acted in a manner that constitutes contempt of the Public Protector as envisaged in terms of section 9(1) of the Act, he or she may report the matter to the South African Police Service or apply to the High Court, by notice of motion supported by an affidavit in terms of the Uniform Rules of Court— |
| (a) |
for an order that the person(s) be declared in contempt of Court/ the Public Protector; and |
| (b) |
that the Court deals with him or her in terms of section 9(1)(b) of the Act in any manner in which it could have dealt with him or her if he or she had committed contempt in relation to the High Court. |
| (2) |
The condition is that the person— |
| (a) |
has insulted the Public Protector or the Deputy Public Protector; |
| (b) |
has done an act in connection with an investigation which, if the said investigation had been proceedings in a court of law, would have constituted contempt of court. |
| (3) |
If the Public Protector lodges an application under sub-rule (1), the proceedings shall commence by— |
| (a) |
a notice in terms of the Uniform Rules of Court served upon the person(s) concerned; |
| (b) |
containing particulars of conduct alleged to constitute contempt of the Public Protector; |
| (c) |
calling on the person to appear before the court; and |
| (d) |
to show just cause why he or she should not be punished summarily for the alleged action as contempt of the Public Protector. |
Older Persons Act, 2006
