Public Protector Act, 1994 (Act No. 23 of 1994)RulesAmendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020Chapter 4 : Processing of Complaint lodged with Public Protector10. Decision of Public Protector relating to late lodging of complaint |
| (1) | The Public Protector shall, when making a decision regarding the late lodging of a complaint provided for in section 6(9) of the Act, consider— |
| (a) | the information provided by the complainant; |
| (b) | the nature of the complaint, the reasons for the complainant’s grievance and the redress being sought; |
| (c) | the reason given by the complainant for the delay; |
| (d) | whether the outcome of an investigation could rectify a systemic problem in the public administration; |
| (e) | the likelihood of being able to investigate the matter due to the delay having regard to the nature of the allegations and the availability of information, evidence, witnesses and records; and |
| (f) | any other relevant factor that the Public Protector regards as special circumstances. |
| (2) | The Public Protector shall, if he or she decides not to accept a complaint lodged after two years from the occurrence of the incident or matter concerned, inform the complainant in writing of— |
| (a) | the decision; |
| (b) | the reasons for the decision; and |
| (c) | the remedy available to the complainant in terms of sub-rule (3). |
| (3) | A complainant who is dissatisfied with the decision of the Public Protector not to accept the late lodging of a complaint may request the Public Protector to reconsider the decision if there is new and relevant information that was not previously available and has a material effect on the decision made. |