Public Protector Act, 1994 (Act No. 23 of 1994)

Rules

Amendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020

Chapter 8 : Conducting of Proceedings before Public Protector

28. Notice of proceedings

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[Rule 28 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(1) The Public Protector shall give the parties involved in the investigation and other person whose attendance before the Public Protector is required, notice of the intended proceedings by means of –
(a) a subpoena in terms of section 7(5) of the Act; or
(b) a notification on a form which substantially corresponds with the form provided for in Annexure E to these Rules.

[Rule 28(1) substituted by section 18 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(2) The notice referred to in sub-rule (1) shall be issued at least 7 days before the date of such proceedings, unless the parties and persons concerned agree to a shorter period.

[Rule 28(2) substituted by section 19 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(3) The notice referred to in sub-rule (1) shall contain the following information:
(a) The place where the proceedings will be held;
(b) the date and time of the proceedings;
(c) the aspects in respect of which evidence will be required;
(d) the names of the other persons who will attend the proceedings and who will give evidence;
(e) an invitation to the parties to the dispute to bring any person who has personal knowledge about the issues in respect of which evidence is to be given at the proceedings;
(f) an indication whether or not a person who will attend the proceedings shall bring any document to such proceedings; and
(g) any other information which the Public Protector deems fit.

 

(4) The notice referred to in sub-rule (1) may be submitted to the person concerned in any manner—
(a) having regard to the date of the proceedings; and
(b) ensuring that the person receives the notice or information.

 

(5) The Public Protector shall keep proof of receipt of the notice referred to in sub-rule (1).