Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

Public Service Commission Rules on Conducting Investigations

Chapter 3 : Investigation of complaints by the Commission

12. Conducting an investigation and compiling a report
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(1)With regard to conducting an investigation, the Commission—
(a)will approve the report within three months from the date of receipt of all relevant documentation;
(b)may proffer advice, make recommendations and/or issue directions based on the findings contained in the report;
(c)will provide the executive authority/head of the department with an opportunity to comment on the findings made by the Commission within 30 days from the date of receipt of the provisional report;
(d)will consider the comments from the executive authority/head of the department on the findings made by the Commission;
(e)will provide the executive authority/head of the department with a final report containing findings, which may also contain advice and/or recommendations and/or directions and to provide feedback to the Commission within 60 days from the date of receipt of the report. If the executive authority/head of the department decides not to implement the Commission's recommendations, reasons must be provided to the Commission;
(f)will follow up with the executive authority/head of the department on the implementation of recommendations and/or the issuing of directions contained in the report; in the event that no feedback is received within the 60 days;
(g)shall report to the legislature in terms of section 196(4)(f)(i) of the Constitution, 1996; and
(h)shall treat the information received as a result of a complaint lodged and an investigation conducted as confidential and shall take reasonable steps to safeguard confidentiality whilst conducting the investigation and compiling the report;

 

(2)Once the executive authority/head of the department has considered the report and made a decision in respect  of the Commission's recommendations/directions the executive authority/head of the department  may decide on the dissemination of copies of the report to affected and interested parties.