Public Service Commission Act, 1997 (Act No. 46 of 1997)RulesPublic Service Commission Rules on Conducting InvestigationsChapter 3 : Investigation of complaints by the Commission11. Determine the scope of the investigation and additional information required |
| (1) | The Commission will determine whether the complaint will be dealt with as a complaint for early resolution or as a complaint for investigation by developing terms of reference for the investigation. |
| (2) | Early resolution complaints |
| (a) | The Commission will close/refer to the appropriate institution an early resolution complaint when the following applies: |
| (i) | The complaint falls outside the jurisdiction of the Commission as referred to in rule 4(1). |
| (ii) | The conditions referred to in rule 4(2). |
| (iii) | Any other reason at the discretion of the Commission. |
| (b) | The Commission will investigate an early resolution complaint where there is a possibility that the complaint can be resolved within 45 days from the date of receipt of all relevant documentation. |
| (c) | The Commission will inform a complainant of the closure/referral/outcome of an early resolution complaint within 10 days from the date on which the complaint was closed/finalised/referred. |
| (3) | Complaints for investigation with terms of reference: |
| (a) | The Commission will deal with a complaint as an investigation by developing terms of reference for the investigation as determined by the magnitude, seriousness, complexity and sensitivity of the allegations. |
| (b) | The Commission will request additional information from the complainant and/or the department(s) involved in order to enable the Commission to do a proper analysis and arrive at informed findings on the complaint, by means of— |
| (i) | a letter directed to the executive authority/head of the department regarding the complaint and the conducting of the investigation by the Commission as well as requesting the relevant documentation; |
| (ii) | telephonic conversations confirmed by e-mails or faxes; and |
| (iii) | through consultations, interviews, visits and in-loco inspections, which will be properly documented. |
| (c) | The Commission will consider issuing summons in terms of section 10 of the Public Service Commission Act, 1997, in cases where the relevant department is not cooperating in providing the requested information or where a person is withholding material evidence pertaining to the investigation. |