Foodstuffs, Cosmetics and Disinfectants Act, 1972
R 385
Public Protector Act, 1994 (Act No. 23 of 1994)RulesAmendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020Chapter 8 : Conducting of Proceedings before Public Protector31. Nature of proceedings |
[Rule 31 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) | The Public Protector shall conduct proceedings pertaining to an investigation in an inquisitorial manner. |
| (2) | Subject to section 7(9)(b)(ii) of the Act, parties involved in the investigation may, with the permission of the Public Protector and through the Public Protector put questions to any witness at proceedings pertaining to an investigation. |
[Rule 31(2) substituted by section 20 of Notice No. 1047, GG43758, dated 2 October 2020]
| (3) | In proceedings not instituted by means of a subpoena issued by the Public Prosecutor in accordance with the Act, the parties to a dispute may, in respect of representations made to the Public Protector during the proceedings, ask questions in order to clarify any uncertainties. |
| (4) | The Public Protector or any person designated by him or her in terms of section 7(3)(b)(i) of the Act may at any stage of the proceedings— |
| (a) | put any relevant question to a witness; |
| (b) | rephrase a question put to a witness by a person or a party; |
| (c) | clarify any uncertainties in respect of any evidence given; or |
| (d) | in any other appropriate manner elicit information from a witness. |
| (5) | The parties to a dispute must act in good faith and refrain from any actions or conduct that might be construed as offensive or defamatory. |
