Public Protector Act, 1994 (Act No. 23 of 1994)RulesAmendment Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2020Chapter 8 : Conducting of Proceedings before Public Protector34. Procedures during proceedings |
[Rule 34 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) | The Public Protector may hear evidence from any person, in such manner as the Public Protector deems fit, at any office of the Public Protector, the premises of a state institution or any other place determined by the Public Protector. |
| (2) | The Public Protector may, if he or she deems it necessary, administer an oath or accept an affirmation from any person appearing as a witness. |
| (3) | The Public Protector shall take any step he or she deems necessary to establish the truth, correctness and relevance of any submission, declaration, explanation, information, statement or any other evidence. |
| (4) | At any time during the proceedings, the Public Protector may postpone or adjourn the proceedings to allow the parties an opportunity to discuss the matter. |
| (5) |
| (a) | The parties shall, subject to rule 32, be given a reasonable opportunity to respond to the evidence given at the proceedings. |
| (b) | A party may, in responding to the evidence given at the proceedings, provide information or an explanation by giving evidence, calling witnesses and handing in documents and submissions. |
| (c) | The Public Protector may decide whether sufficient evidence has been given to conclude the investigation or resolve the dispute and order that no further evidence shall be given. |
| (6) | The parties to the dispute shall be given a reasonable opportunity to make a closing statement and to present, if they so require, further arguments in writing. |
| (7) | The Public Protector shall conclude the proceedings by informing the parties to the dispute of further steps to be taken in the investigation or the resolving of the complaint. |