| (a) | In addition to the other powers and functions conferred on or assigned to him or her in this Act, and for the purposes of achieving the objects referred to in section 46, the Ombud is competent to investigate, on his or her own initiative or on receipt of a complaint, any alleged— |
| (i) | maladministration in the application of this Act; |
| (ii) | abuse or unjustifiable exercise of power or unfair or other improper conduct or undue delay in performing a function in terms of this Act; |
| (iii) | act or omission which results in unlawful or improper prejudice to any person, |
which the Ombud considers may affect the integrity and independence of the legal profession and public perceptions in respect thereof.
| (b) | The Ombud may, in carrying out the powers and functions contemplated in paragraph (a), in his or her sole discretion, endeavour to resolve any dispute or rectify any act or omission by— |
| (i) | mediation, conciliation or negotiation; |
| (ii) | advising, where necessary, any person regarding appropriate remedies; or |
| (iii) | any other means that may be expedient in the circumstances. |
| (c) | At any time prior to, during, or after an investigation referred to in paragraph (a), the Ombud may if he or she— |
| (i) | is of the opinion that the facts disclose the commission of an offence by any person, bring the matter to the notice of the relevant authority charged with prosecutions; or |
| (ii) | deems it advisable, refer any matter which has a bearing on an investigation to the appropriate body or authority affected by it or make an appropriate recommendation regarding the redress of the prejudice in question or make any other appropriate recommendation that the Ombud deems expedient to the affected body or authority; or |
| (iii) | is of the opinion that there is substance in any complaint made and that the prejudice to the complainant or any other person adversely affected by the act or omission in question is substantial and has the potential of affecting the integrity and independence of the legal profession and public perceptions in respect thereof, do anything necessary to enable proceedings to be taken to a competent court for the necessary relief or direct or assist in directing a complainant to an appropriate forum. |
| (2) | For the purposes of an investigation the Ombud may— |
| (a) | summon any person who may be able to furnish any information on the subject of the investigation or who has in his or her possession or under his or her control any book, document or other object relating to the investigation, to appear before the Ombud at a time and place specified in the summons, to be questioned or to produce that book, document or other object; and |
| (b) | designate a person to question that person, under oath or affirmation administered by the Ombud, and examine or retain for further examination or for safe custody the book, document or other object in question. |
| (3) | A summons referred to in subsection (2) must— |
| (a) | be in the form determined in the rules; |
| (b) | contain particulars of the matter in connection with which the person concerned is required to appear before the Ombud; |
| (c) | be signed by the Ombud or a person authorised by him or her; and |
| (d) | be served as determined in the rules. |
| (a) | The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate’s court applies in relation to the questioning of a person in terms of subsection (2), and that person is not entitled to refuse to answer any question on the ground that the answer might expose him or her to a criminal charge. |
| (b) | No evidence regarding any questions and answers referred to in paragraph (a) are admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955). |
| (5) | A person appearing before the Ombud by virtue of subsection (2)— |
| (a) | may be assisted at his or her examination by a legal representative; and |
| (b) | is entitled to any witness fees as he or she would be entitled if he or she were a witness for the State in criminal proceedings in a magistrates’ court. |
| (a) | The Ombud may, subject to paragraph (b), in the manner he or she deems fit, make known to any person or body any report or finding, point of view or recommendation in respect of a matter investigated by him or her. |
| (b) | The report or finding, point of view or recommendation in respect of an investigation by the Ombud must, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person or body implicated thereby. |
| (c) | Any report or finding, point of view or recommendation in respect of an investigation by the Ombud must be open to the public, unless the Ombud is of the opinion that exceptional circumstances require that the report, finding, point of view or recommendation be kept confidential. |
