[Rule 44 re-numbered by section 16 of Notice No. 1047, GG43758, dated 2 October 2020]
| (1) | Complainants who are dissatisfied with a decision of any official of the Office of the Public Protector or the Public Protector to close or refuse the investigation of a complaint, may, except where the Public Protector has released a final report in terms of 182(1)(b) of the Constitution, 1996 and Sections 8(1) of the Act, request an internal review of that decision if— |
| (a) | the complainant is of the opinion that a decision is wrong because it was made based on incomplete or inaccurate evidence or information that contained inaccurate facts, and he or she can show this using readily available information; or |
| (b) | there is new and relevant information that was not previously available and has a material effect on the decision made. |
| (2) | A request for an internal review of a decision must be made in writing on a form that is available from any of the offices of the Public Protector, within ninety (90) days of being informed of the decision. |
| (3) | The review will considered by the Public Protector or his/her delegated official. |
| (4) | The person adjudicating the review application shall consider: |
| (a) | the process adopted by the investigating team and whether it was fair and adequate to address all the complaint issues raised with the Public Protector, |
| (b) | the merit of the investigating team’s conclusions, and |
| (c) | whether the decision was properly explained to the complainant(s). |
| (4) | After reviewing the matter the Public Protector may: |
| (a) | uphold the original decision; |
| (b) | change the original decision; or |
| (c) | send the matter back to the original or another investigating team for further investigation or a better explanation. |
| (5) | Should the complainant still not satisfied with the decision of the Public Protector, he or she may, within thirty (30) days of receipt of the decision, approach any competent court with jurisdiction to review the decision to close the investigation or refuse to investigate a complaint. |
