[Rule 43 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) | The Public Protector shall, if remedial action has to be taken in terms of section 182(1)(c) of the Constitution by a state institution, determine a timeframe within which the state institution must provide him or her with an action plan on how and within what timefrmes the remedial action will be implemented. |
[Rule 43(1) substituted by section 22 of Notice No. 1047, GG43758, dated 2 October 2020]
| (2) | The Public Protector shall monitor the implementation of— |
| (a) | any remedial action taken by the state institution involved in accordance with an action plan that was provided in terms of sub-rule (1); or |
| (b) | an agreement that was reached between parties to resolve the complaint. |
| (3) | The Public Protector may, if remedial action is not complied with within the relevant time frame or the terms of an agreement to resolve the matter are not adhered to— |
| (a) | take the matter up with the relevant Minister or Member of the Executive Council; or |
| (b) | refer the matter to the National Assembly or Provincial Legislature for assistance in terms of section 8(2)(b)(iii) of the Act, read with sections 181(3), 42(3) and 55(2) of the Constitution; or |
| (c) | proceed with contempt proceedings against the person who failed and/or refused and/or neglected to comply with the remedial action. |
