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

35. Conditions for joining, substituting or adding parties to proceedings

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[Rule 35 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(1) The Public Protector may of own accord or on the request in writing by a party or any other person, join or add any number of persons or state institutions as parties in the proceedings—
(a) if the outcome of the complaints depends on substantially the same question of law or fact; or
(b) if such parties so joined have a substantial interest in the subject matter of the proceedings,

and may give appropriate directions as to further procedures for the proceedings.

[Rule 35(1) substituted by section 21 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(2) A request to join or add a person or institution as a party in the proceedings must contain the following:
(a) The grounds for the application;
(b) full particulars of the person or state institution concerned; and
(c) any additional documents determined by the Public Protector.

[Rule 35(2) substituted by section 21 of Notice No. 1047, GG43758, dated 2 October 2020]

 

(3) The Public Protector shall on receipt of a request for the joining or adding of any number of persons or state institutions as parties, in writing inform all affected parties and persons of the request and give that parties or persons the opportunity to make representations on the issue.

 

(4) The joining or adding of persons or state institutions in the proceedings in terms of these Rules does not affect any steps already taken in these proceedings, except if the Public Protector determines otherwise.

[Rule 35(3)(4) substituted and re-numbered by section 21 of Notice No. 1047, GG43758, dated 2 October 2020]