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Unit Standard No.12164Page 139

(a) determine whether the requirements of the rules contemplated in section

26(l)(a)(iv) have been complied with;

(b) in the case of any non-compliance, act in accordance with the rules made

under that section; and

(c) otherwise officially receive the complaint if it qualifies as a complaint.

(2) Official receipt of a complaint by the Ombud suspends the running of prescription

in terms of the Prescription Act, 1969 (Act No. 68 of 1969), for the period after such

receipt of the complaint until the complaint has either been withdrawn, or determined by the Ombud or the board of appeal, as the case may be.

(3) The following jurisdictional provisions apply to the Ombud in respect of the

investigation of complaints:

(a) (i) The Ombud must decline to investigate any complaint which relates to an act or omission which occurred on or after the date of commencement of this Act but on a date more than three years before the date of receipt of such complaint by the Office.

(ii) Where the complainant was unaware of the occurrence of the act or omission contemplated in subparagraph (i), the period of three years commences on the date on which the complainant became aware or ought reasonably to have become aware of such occurrence, whichever occurs first.

(b) (i) The Ombud must decline to investigate any complaint if, before the date of official receipt of the complaint, proceedings have been instituted by the complainant in any Court in respect of a matter which would  constitute the subject of the investigation.

(ii) Where any proceedings contemplated in subparagraph (i) are instituted during any investigation by the Ombud, such investigation must not be proceeded with.

(c) The Ombud may on reasonable grounds determine that it is more appropriate

that the complaint be dealt with by a Court or through any other available dispute resolution process, and decline to entertain the complaint.

(4) The Ombud must not proceed to investigate a complaint officially received, unless

the Ombud-

(a) has in writing informed every other interested party to the complaint of the

receipt thereof;

(b) is satisfied that all interested parties have been provided with such particulars as will enable the parties to respond thereto; and

(c) has provided all interested parties the opportunity to submit a response to the

complaint.

(5) The Ombud-

(a) may, in investigating or determining an officially received complaint, follow and implement any procedure (including mediation) which the Ombud deems appropriate, and may allow any party the right of legal representation ;

INSMAT final materials31/10/03

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