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Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

Public Service Commission Rules on Conducting Investigations

Chapter 2 : Lodging of complaints with the Commission

4. Matters that will not be investigated by the Commission

 

(1) The following matters that fall outside the jurisdiction of the Commission will not be investigated:
(a) corruption and maladministration;
(b) conduct of private medical practitioners;
(c) the outcome of and delays in court cases;
(d) public entities as listed in Schedules 2 and 3 of the Public Finance Management Act, 1999;
(e) former public servants;
(f) private sector bargaining councils and labour unions;
(g) conduct of Magistrates during court cases;
(h) conduct of Sheriffs of the Court; and
(i) private businesses.

 

(2) The Commission will also not investigate a complaint if any of the following applies:
(a) A complaint already investigated by the Commission;
(b) A complaint lodged with the Commission that has already been lodged with another institution that would lead to a duplication of efforts or resources;
(c) A complaint that has been investigated by another institution will not be reviewed by the Commission;
(d) Instances where the Commission establishes non-disclosure by the complainant of having referred the complaint to another institution;
(e) A complaint that can more appropriately be dealt with by another institution;
(f) An anonymous complaint in which critical factual gaps exist, rendering the likelihood of a successful conclusion unlikely;
(g) A complaint of a frivolous, vexatious or tactical nature or seeking to abuse the Public Service Commission Rules on conducting investigations
(h) A complaint not meeting the criteria set out in the Public Service Commission Rules on conducting investigations; and
(i) Instances of "Forum Shopping".