Annexure C

Reference: 7/2 –...

SUBPOENA IN TERMS OF SECTION 7(4) AND (5) OF THE PUBLIC PROTECTOR ACT, 1994, AND

THE RULES RELATING TO INVESTIGATIONS BY THE PUBLIC PROTECTOR AND MATTERS INCIDENTAL THERETO, 2018

[Designation]

[Address]

The Public Protector is currently conducting an investigation into the complaint of [complainant’s name] relating to the alleged [summary of the allegations].

The investigation is conducted in terms of the provisions of Chapter 9 of the Constitution of the RSA,1996 and the Public Protector Act, 1994.

In terms of section 7(4)(a) of the Public Protector Act, 1994 the Public Protector may direct any person to submit an affidavit or affirmed declaration or to appear before the Public Protector to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person.

You are directed to appear before the Public Protector in terms of section 7(4)(a) of the Public Protector Act, 1994 for purposes of the above-mentioned investigation on [date] at [time]. The venue is: [room], Office of the Public Protector, Hillcrest Office Park, 175 Lunnon Street, Hillcrest, PRETORIA.

Please note that you will inter alia be required to give evidence on the following issues:

[list issues].

Please note further that you will be required to produce supporting documents in your possession or under your control which has a bearing on the matter being investigated, including:

[list documents].

Section 7(8) of the Public Protector Act, 1994 provides that you may be assisted during the examination by an advocate or attorney, with the permission of the Public Protector and to the extent determined by the Public Protector in terms of Rule 16 of the Rules relating to Investigations by the Public Protector and Matters incidental thereto, 2018, and that you shall be entitled to peruse such documents or records as are reasonably necessary to refresh your memory.

Should you have any enquiries, you can contact: [name of contact] at telephone number [….....................] or fax number […......................].

__________________

PUBLIC PROTECTOR

OF THE REPUBLIC OF SOUTH AFRICA

Date: _____________

Warning:

Section 11 of the Public Protector Act, 1994 provides that any person that, without just cause, refuses or fails to comply with this direction shall be guilty of an offence and on conviction be liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or to both such a fine and such imprisonment.