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South Africa
Public Protector Act, 1994
Act 23 of 1994
- Published in Government Gazette 16107 on 25 November 1994
- Assented to on 16 November 1994
- Commenced on 25 November 1994
- [This is the version of this document from 30 June 2021.]
- [Amended by Public Protector Amendment Act, 1998 (Act 113 of 1998) on 27 November 1998]
- [Amended by Public Service Laws Amendment Act, 1997 (Act 47 of 1997) on 1 July 1999]
- [Amended by Promotion of Access to Information Act, 2000 (Act 2 of 2000) on 9 March 2001]
- [Amended by Public Protector Amendment Act, 2003 (Act 22 of 2003) on 7 October 2003]
- [Amended by Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004) on 27 April 2004]
- [Amended by Determination of Remuneration of Office-bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act 22 of 2014) on 1 April 2019]
- [Amended by Protection of Personal Information Act, 2013 (Act 4 of 2013) on 30 June 2021]
1. Definitions
In this Act, unless the context otherwise indicates—"committee" means a committee referred to in section 2(1);[definition of "committee" substituted by section 1(a) of Act 22 of 2003]"Constitution" means the Constitution of the Republic of South Africa, 1996;[definition of "Constitution" inserted by section 3(a) of Act 113 of 1998 and substituted by section 1(a) of Act 22 of 2014]"Deputy Public Protector" means any person appointed as such in terms of section 2A(1);[definition of "Deputy Public Protector" substituted by section 1(b) of Act 22 of 2003]"Independent Commission" means the Independent Commission for the Remuneration of Public Office-bearers established by section 2 of the Independent Commission for the Remuneration of Public Office-bearers Act, 1997 (Act No. 92 of 1997);[definition of "Independent Commission" inserted by section 1(b) of Act 22 of 2014]"investigation" means an investigation referred to in section 7, including any preliminary investigation related thereto;[definition of "investigation" substituted by section 3(b) of Act 113 of 1998]"joint committee" [definition of "joint committee" deleted by section 3(c) of Act 113 of 1998]"member of the office of the Public Protector" includes the Public Protector, the Deputy Public Protector, a member of the staff of the Public Protector and any person contemplated in sections 3(12) and 7(3)(b);[definition of "member of the office of the Public Protector" substituted by section 1(c) of Act 22 of 2003]"Minister" means the Cabinet member responsible for the administration of justice;[definition of "Minister" inserted by section 3(d) of Act 113 of 1998 and substituted by section 1(d) of Act 22 of 2003]"new Constitution" [definition of “new Constitution” deleted by section 3(e) of Act 113 of 1998]"Provincial Public Protector" [definition of "Provincial Public Protector" deleted by section 3(f) of Act 113 of 1998]"Public Protector" means any person appointed as such in terms of section 1A;[definition of “Public Protector” substituted by section 3(g) of Act 113 of 1998]"Public Service Commission" [definition of "Public Service Commission" deleted by section 35 of Act 47 of 1997]1A. Establishment and appointment
2. Salary, allowances and benefits and vacancies in office of Public Protector
[heading substituted by section 3(a) of Act 22 of 2003 and by section 2(a) of Act 22 of 2014]2A. Appointment, salary, allowances and benefits, vacancies in office and removal from office of Deputy Public Protector
[heading substituted by section 3(a) of Act 22 of 2014]3. Staff of Public Protector
[heading substituted by section 5(a) of Act 22 of 2003]4. Finances and accountability
5. Liability of Public Protector
6. Reporting matters to and additional powers of Public Protector
7. Investigation by Public Protector
7A. Entering upon premises by the Public Protector
8. Publication of findings
9. Contempt of Public Protector
10. Compensation for expenses
The Public Protector may, with the specific or general approval of the Minister of Finance or any person authorised by the said Minister to so approve, order that the expenses or a portion of the expenses incurred by any person in the course of or in connection with an investigation by the Public Protector, be paid from State funds to that person.11. Offences and penalties
12. ***
[section 12 repealed by section 13 of Act 113 of 1998]13. Application of Act
The provisions of this Act shall not affect any investigation under, or the performance or exercise of any duty or power imposed or conferred by or under, any law.14. Repeal of laws
The Ombudsman Act, 1979 (Act No. 118 of 1979), the Advocate-General Amendment Act, 1983 (Act No. 55 of 1983), and the Advocate-General Amendment Act, 1991 (Act No. 104 of 1991), are hereby repealed.15. Short title
This Act shall be called the Public Protector Act, 1994.History of this document
30 June 2021 this version
Amended by
Protection of Personal Information Act, 2013
27 April 2004
07 October 2003
09 March 2001
01 July 1999
27 November 1998
25 November 1994
16 November 1994
Assented to
Cited documents 2
Act 2
1. | Public Finance Management Act, 1999 | 2232 citations |
2. | Constitution of the Republic of South Africa, 1996 | 601 citations |
Documents citing this one 93
Gazette 52
Judgment 31
Act 6
1. | Promotion of Access to Information Act, 2000 | 1631 citations |
2. | Prevention and Combating of Corrupt Activities Act, 2004 | 373 citations |
3. | Protection of Personal Information Act, 2013 | 194 citations |
4. | North West Petitions Act, 2010 | 1 citation |
5. | Mpumalanga Repeal and Application Act, 2006 | |
6. | Northern Cape Petitions Act, 2009 |
Provincial Notice 2
1. | KwaZulu-Natal Petitions Regulations, 2006. | |
2. | Western Cape Petitions Regulations, 2010 |
By-law 1
1. | Ombudsman By-law, 2023 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Subsidiary legislation
Title | Numbered title |
---|---|
Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2018 | Government Notice 945 of 2018 |
Rules relating to Investigations by the Public Protector and Matters Incidental thereto, 2018: Amendment | Government Notice 1047 of 2020 |