PUBLIC PROTECTOR ACT: INDEX TO SUBSIDIARY LEGISLATION

Commission for Investigations (Witnesses’ Allowances and Expenses) Rules

Public Protector Rules

COMMISSION FOR INVESTIGATIONS (WITNESSES’ ALLOWANCES AND EXPENSES) RULES

Arrangement of Rules

    Rule

    1.    Title

    2.    Interpretation

    3.    Application

    4.    Persons entitled to allowance

    5.    Allowances

    6.    Payment of allowances to witnesses in Class A

    7.    Matters to be taken into account

    8.    No additional allowance

    9.    Increases and reductions

    10.    Travelling expenses

    11.    Claims to be submitted to Secretary

    12.    Commissioner to act in absence of Chairman

        SCHEDULE

[Rules made by the Commission]

SI 152 of 1974,

Act 13 of 1994.

1.    Title

These Rules may be cited as the Commission for Investigations (Witnesses’ Allowances and Expenses) Rules.

2.    Interpretation

In these Rules, unless the context otherwise requires—

"Chairman" means the Investigator-General;

"Commission" means the Commission for Investigations established by Article 117 of the Constitution;

"Commissioner" means a Member of the Commission other than the Investigator-General;

"Secretary" means the person appointed to be the Secretary of the Commission;

"witness" includes an interpreter.

3.    Application

These Rules shall apply to all witnesses summoned to appear before the Commission but shall not apply to any witness who is a public officer.

4.    Persons entitled to allowance

A witness who has attended at or for the investigation at the instance of a party or the Commission shall be entitled to allowances unless the Commission shall for sufficient reason disallow the allowances of any such witness.

5.    Allowances

Subject as hereinafter provided, there shall be paid to any witness entitled thereto allowances calculated in accordance with the Schedule hereto.

6.    Payment of allowances to witnesses in Class A

    (1) The payment of allowances to any witness described in Class A of the Schedule hereto shall be subject to the provisions of this rule.

    (2) Where a witness has lost no wages, earnings or other income by reason of attending at or for an investigation, the sum payable to any such witness shall not, unless otherwise ordered by the Chairman, exceed ten fee units per day.

    (3) Where a witness has lost wages, earnings or other income by reason of attending at or for an investigation but the period in respect of which such loss has been incurred does not exceed four hours, the sum payable to any such witness shall not, unless otherwise ordered by the Chairman, exceed sixty fee units per day.

[Am by Act 13 of 1994.]

7.    Matters to be taken into account

There shall be taken into account in calculating allowances payable to a witness any time during which such witness is necessarily detained for the purposes of an investigation, and any time reasonably occupied in travelling to the venue of an investigation.

8.    No additional allowance

No additional allowance will be paid merely because the witness attends in respect of more than one investigation on the same day.

9.    Increases and reductions

If in the opinion of the Chairman a strict adherence to these Rules would result in hardship, he may in his discretion increase the amounts payable, and if in his opinion a reduction in any of the allowances provided for by these Rules is justified in any particular case, he may in his discretion reduce or disallow the amounts payable.

10.    Travelling expenses

    (1) In addition to any sum to which a witness may be entitled under these Rules, all witnesses shall also be entitled to be reimbursed in respect of any expenses actually and reasonably incurred in travelling to and from the venue of an investigation, and for necessary accommodation and subsistence.

    (2) If in the opinion of the Chairman the sums expended and claimed exceed what is reasonable, he may in his discretion reduce or disallow the amounts payable.

    (3) If any witness travels by his motor vehicle or motor cycle he may claim travelling expenses at the rate of one fee unit per kilometre and one fee unit per kilometre, respectively.

[Am by Act 13 of 1994.]

11.    Claims to be submitted to Secretary

All claims for payment of allowances and expenses shall be submitted to the Secretary.

12.    Commissioner to act in absence of Chairman

In the absence of the Chairman the powers and responsibilities vested in him by these Rules may be exercised or performed by a Commissioner.

SCHEDULE

[Rule 4]

[Am by Act 13 of 1994.]

WITNESSES’ ALLOWANCES

PUBLIC PROTECTOR RULES

[Section 42]

Arrangement of Rules

    Rule

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

PART II
LODGING AND HANDLING OF COMPLAINTS

    3.    Lodging of complaint

    4.    Lodging and continuance of complaint on behalf of complainant

    5.    Submission and acknowledgment of receipt

    6.    Request for additional information

    7.    Admission or rejection of complaint

PART III
INVESTIGATIONS BY PUBLIC PROTECTOR

    8.    Preliminary investigation

    9.    Notice to investigate respondent

    10.    Search warrant

PART IV
HEARINGS

    11.    Holding of investigative hearing

    12.    Notice of hearing

    13.    Summon to witness and production of document

    14.    Consolidation of proceedings

    15.    Representation of party

    16.    Default of appearance

    17.    Proceedings at hearing

PART V
FINDINGS OF PUBLIC PROTECTOR

    18.    Close of matter

    19.    Report of Public Protector

PART VI
GENERAL PROVISIONS

    20.    Service of notices, documents, etc.

    21.    Change of address

    22.    Enforcement notice

    23.    Warrant of arrest

    24.    Experts and assessors

    25.    Appeals

    26.    Recording of proceedings

    27.    Revocation of S.I. No. 151 of 1974

        SCHEDULE

SI 65 of 2022.

PART I
PRELIMINARY

1.    Title

These Rules may be cited as the Public Protector Rules.

2.    Interpretation

In these Rules, unless the context otherwise requires—

"authorised officer" means an officer under the Office of the Public Protector authorised to carry out the functions of the Public Protector;

"complaint" means any information provided to, allegation made or matter reported to, and received by, the Public Protector for an investigation specified under the Constitution or the Act;

"complainant" means a person who lodges a complaint with the Public Protector under rules 3 and 4;

"Constitutional office holder" has the meaning assigned to the words in the Constitution;

"district investigations officer" means a person appointed as a district investigations officer under the Act;

"investigating officer" means an officer under the Office of the Public Protector authorised to carry out investigations of a complaint, and includes an expert or an assessor;

"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019;

"legal practitioner" has the meaning assigned to the word"practitioner" in the Legal Practitioners Act;

"provincial director" means a person appointed as provincial director under the Act;

"public officer" has the meaning assigned to the words in the Constitution;

"Public Protector" means a person appointed as Public Protector under the Constitution;

"Registrar" has the meaning assigned to the word in the Act;

"respondent" means a State institution, Constitutional office holder or public officer;

"search warrant" means a warrant issued by the Public Protector in respect of entry to search any premises for purposes of carrying out an investigation under Part III of these Rules; and