| (1) | The Public Protector shall, if he or she refuses to investigate a complaint in terms of section 6(3) of the Act, in writing inform the complainant of— |
| (b) | the grounds on which the decision is based; including— |
| (i) | the situation where the Public Protector has decided that a matter falls outside his or her mandate and remit; |
| (ii) | if the Public Protector is of the view that the complainant has not yet exhausted the internal remedies or channels of complaint with the state institution concerned which he/she could be reasonably expected to use prior to lodging a complaint with the Public Protector. |
| (iii) | If the complainant requested that his or her personal particulars be kept confidential and the Public Protector is of the view that disclosure of the complainant’s particulars is in its view necessary to resolve the complaint. |
| (iv) | if in the assessment of the complaint it appears to him/her that, having regard to all the circumstances of the case, any further investigation is unwarranted or unnecessary; |
| (v) | other discretionary reasons to decline the complaint as provided for in the Act, including complaints older than two years or the availability of alternative legal remedies, |
| (vi) | where a matter is being or was dealt with by another public body or dispute resolution forum and an investigation by the Public Protector would lead to a duplication of efforts or resources; |
| (vii) | where a matter might be more appropriately dealt with by another public body or dispute resolution forum; |
| (viii) | where the Public Protector has previously adjudicated the complaint or the issues raised therein to finality; and |
| (ix) | where a court of law or similar dispute resolution forum has already adjudicated the complaint, the issues raised therein or the relief sought by the complainant; and |
[Rule 11(1)(b) substituted and re-numbered by section 13 of Notice No. 1047, GG43758, dated 2 October 2020]
| (c) | the remedy available to the complainant in terms of sub-rule (2). |
| (2) | A complainant who is dissatisfied with the refusal of the Public Protector to investigate a complaint, may request the Public Protector to reconsider the decision if the complainant is able to submit information indicating that he or she has taken reasonable steps to exhaust the remedies referred to in section 6(3)(a) and (b) of the Act. |
