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Public Protector Act, 1994 (Act No. 23 of 1994)

Rules

Amendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020

Chapter 10 : Conclusion of Complaint

43. Monitoring of agreement and remedial action to be taken

[Rule 43 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(1) The Public Protector shall, if remedial action has to be taken in terms of section 182(1)(c) of the Constitution by a state institution, determine a timeframe within which the state institution must provide him or her with an action plan on how and within what timefrmes the remedial action will be implemented.

[Rule 43(1) substituted by section 22 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(2) The Public Protector shall monitor the implementation of—
(a) any remedial action taken by the state institution involved in accordance with an action plan that was provided in terms of sub-rule (1); or
(b) an agreement that was reached between parties to resolve the complaint.

 

(3) The Public Protector may, if remedial action is not complied with within the relevant time frame or the terms of an agreement to resolve the matter are not adhered to—
(a) take the matter up with the relevant Minister or Member of the Executive Council; or
(b) refer the matter to the National Assembly or Provincial Legislature for assistance in terms of section 8(2)(b)(iii) of the Act, read with sections 181(3), 42(3) and 55(2) of the Constitution; or
(c) proceed with contempt proceedings against the person who failed and/or refused and/or neglected to comply with the remedial action.