Films and Publications Act, 1996 (Act No. 65 of 1996)

Procedures

Film and Publication Board Complaints Handling Procedures

Chapter 4 : Lodging Complaints

10. Procedure followed after lodging a complaint
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(1) The FPB must, within 7 (seven) days from the date of receipt of the complaint, acknowledge receipt of the complaint via the post, e-mail, facsimile or cellular phone text message, a record of which shall be held by the FPB.

 

(2) The notification of acknowledgement of receipt must advise the complainant that their complaint has been registered together with the reference number allocated to the complaint.

 

(3) If the FPB makes a finding that the complaint should be rejected or referred, the complainant must, within 7 (seven) days of the finding, be notified thereof, in writing, provided that they must be provided with full reasons for the rejection or referral and be advised of their right of judicial review.

 

(4) If the FPB makes a finding that the complaint does not fall within the jurisdiction of the FPB, or could be dealt with more effectively or expeditiously by another organisation, institution, statutory body or institution created by the Constitution or any applicable legislation, the complainant must, within 7 (seven) days of the finding:
(a)be notified thereof, in writing;
(b) be provided with the contact details of the said organisation, institution or body in order to pursue the alternative option themselves (indirect referral); and
(c) be advised that they may contact the FPB again should they not be provided with a response from the said organisation, institution or body.

 

(5) If the FPB makes a finding that the complaint constitutes a prima facie contravention of the Act, the complainant must, within 7 (seven) days of the finding, be notified that the complaint is accepted, in writing.

 

(6) The timeframes provided for in this clause must be complied with unless special circumstances warrant an extension of the prescribed timeframes and where special circumstances warrant an extension of the prescribed timeframes, the FPB must, within 3 (three) days of the expiry of the prescribed timeframes, inform the complainant of the extension and the special circumstances warranting a longer period, in any manner they deem fit but by keeping written record thereof.