The Public Protector may investigate certain complaints and alleged misconduct, try to resolve matters, refer offences or issues to the proper authority, and complaints generally must be reported within two years unless special circumstances are allowed.
8. Section 6 of the principal Act is hereby amended- (a) by the substitution for paragraph (b) of subsection (3) of the following paragraph: “(6) prejudiced [subsection subsections exhaust his or her legal remedies and [an act or omission] by (4)(d) or section 112(l)(a)(v) (4) and (5) and has not taken all reasonable referred of the Constitution] conduct to steps to in in connection with such matter.“; (b) by the substitution for subsections (4) and (5) of the following subsections: 14) The Public Protector shall, be competent- (a) to investigate, complaint, any alleged- on his or her own initiative or on receipt of a (i) (ii) (iii) (iv (v a public exercise of power or unfair, capricious, in connection with the affairs of govem- or other improper conduct or undue delay by a maladministration ment at any level; abuse or unjustifiable discourteous person performing improper or dishonest respect to public money; improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a the public person or in connection with the affairs of government administration at any level or of a person performing a public function; or act or omissron by a person in theemploy of government at any as a result of an act or omission function; act, or omission or corruption, with in 30 35 40 45 50 55 10 No. 19524 GOVERN.MENT GAZETTE. 27 NOVEMBER I Y98 Act No. 113,1998 PUBLIC PROTECTOR AMENDMENT ACT, 1998 level, or a person performing in unlawful or improper prejudice a public function, which results to any other person; (b) to endeavour, rectify any act or omission by- in his or her sole discretion, to resolve any dispute or (i) mediation, conciliation (ii) advising, where necessary, any complainant or negotiation; regarding appro- priate remedies; or (iii) any other means at a time prior to, during or after an investigation- that may be expedient in the circumstances; (c) (i) (ii ) that -the facts disclose if he or she is of the opinion the commission of an offence by any person, to bring the matter to the notice of the relevant authority charged with prosecutions; or if he or she deems it advisable, bearing on an investigation, authority affected by it or to make an appropriate dation regarding from or make any other appropriate deems expedient to refer any matter which has a to the appropriate public body or recommen- there- he or she to the affected public body or authority. the redress of the prejudice recommendation resulting (5) In addition to the powers referred (4), the Public Protector shall on his or her own initiative or on receipt of a complaint be competent (a) to in subsection to investigate any alleged- in connection with the affairs of any institution in shareholder or of any in section 1 of the Reporting by Public maladministration which the State is the majority or controlling public entity as defined Entities Act, 1992 (Act No. 93 of 1992); exercise of power or unfair, capricious, abuse or unjustifiable discourteous or other improper conduct or undue delay by a person a function connected with his or her employment by an performing institution or entity contemplated in paragraph improper improper or unlawful advantage, or promise of such enrichment or advantage, by a person as a result of an act or omisson in connection with the affairs of an institution or entity contemplated act or omission by a person in the employ of an institution or entity contemplated or improper prejudice to any other person. or receipt of any in paragraph in paragraph in unlawful (a), which enrichment (a); or results (a); (b) (d) (5) shall be construed the performance as of (6) Nothing empowering judicial in subsections the Public Protector functions by any court of law. (7) The Public Protector shall be competent (4) and to investigate to investigate, on his or her own initiative or on receipt of a complaint, any alleged attempt to do (4) or (5). anything which he or she may investigate under subsections (8) The Public Protector or any member of his or her staff shall be competent but not compellable in or before a court of law or any body or institution established by or under any law, in connection with any information which in the course of his or her investigation knowledge. has come to his or her to answer questions to the investigation in any proceedings relating (9) Except where the Public Protector in special circumstances, within his or her discretion, to the Public Protector shall not be entertained unless it is reported to the Public Protector within two years from the occurrence of the incident or matter concerned. “. so permits, a complaint or matter referred 5 10 15 20 25 $0 15 i0 12 No. 19524 GOVERNMENT GAZETTE, 27 NOVEMBER 199X Act No. 113,199s PUBLIC PROTECTOR AMENDMENT ACT, 1998 Amendment of section 7 of Act 23 of 1994