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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 4 : Processing of Complaint lodged with Public Protector

8. Delivery of documents and notices

 

(1) A notice or document that is required to be delivered in terms of these Rules is deemed to have been delivered on the intended recipient on the date linked to the method in question, as indicated below:
(a) Delivered by hand: delivered by hand, during the normal business hours, shall be rebuttable presumed to have been delivered by a person duly authorised thereto by the Public Protector and received by the intended recipient at the time and date specified on the Public Protector’s Return of Service;
(b) Registered post: shall be rebuttable presumed to have been received by the intended recipient within 14 days after the date of posting;
(c) Transmitted by fax: shall be rebuttable presumed to have been received by the addressee on the date of transmission as indicated on the facsimile transmission report;
(d) Transmitted by email: shall be rebuttable presumed to have been received by the intended recipient on the date of transmission as reflected on the sender’s sent email records.

 

(2) Where the person to be served keeps his residence or place of business closed and thus prevents the delivery by a person authorised thereto by the Public Protector from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door or security gate of such residence or place of business or to place such copy in the post box at such residence or place of business.

 

(3) Where such service has been effected in the manner prescribed by Rule 8(1)(a) above, a person authorised thereto by the Public Protector to effect service shall indicate in the return of service of the process:—
(a) the name of the person to whom it has been delivered; and
(b) the capacity in which such person stands in relation to the person, body corporate or institution affected by the process.

 

(4) Where such service has been effected in the manner prescribed by Rule 8(3) above, a person authorised thereto by the Public Protector to effect service shall indicate or specify in the return of service of the exact process followed to serve the notices.

 

(5) Unless the service of subpoena by email or fax is objected to by the intended recipient within five (5) days of transmission and there is an acknowledgement of receipt by the intended recipient or his/her personal assistant or secretary, the service shall be deemed to have been effected in accordance with Rules 8(1)(c) and 8(d) above.

 

(6) A person authorised by the Public Protector to effect service by hand shall, on demand by the person upon or against whom process is served, exhibit to that person the original of the process.