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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
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 |
Cited documents 2
Legislation 2
Documents citing this one 88
Gazette 50
- KwaZulu-Natal Provincial Gazette dated 2006-03-02 number 6468
- KwaZulu-Natal Provincial Gazette dated 2006-08-10 number 6498
- KwaZulu-Natal Provincial Gazette dated 2007-08-31 number 32
- KwaZulu-Natal Provincial Gazette dated 2013-05-29 number 954
- Mpumalanga Provincial Gazette dated 2007-01-22 number 1405
- North-West Provincial Gazette dated 2011-05-30 number 6897
- Northern Cape Provincial Gazette dated 2009-02-25 number 1282
- Northern Cape Provincial Gazette dated 2010-02-08 number 1381
- South Africa Government Gazette Regulation Gazette dated 1996-08-02 number 17324
- South Africa Government Gazette dated 1997-06-20 number 18067
- South Africa Government Gazette dated 1997-07-04 number 18096
- South Africa Government Gazette dated 1997-07-11 number 18116
- South Africa Government Gazette dated 1997-09-12 number 18277
- South Africa Government Gazette dated 1997-10-13 number 18366
- South Africa Government Gazette dated 1998-10-28 number 19406
- South Africa Government Gazette dated 1998-11-02 number 19418
- South Africa Government Gazette dated 1998-11-27 number 19524
- South Africa Government Gazette dated 1999-07-30 number 20311
- South Africa Government Gazette dated 1999-11-19 number 20649
- South Africa Government Gazette dated 2001-06-08 number 22206
- South Africa Government Gazette dated 2002-07-12 number 23594
- South Africa Government Gazette dated 2002-09-06 number 23798
- South Africa Government Gazette dated 2002-09-30 number 23889
- South Africa Government Gazette dated 2003-02-06 number 24355
- South Africa Government Gazette dated 2003-02-28 number 24957
- South Africa Government Gazette dated 2003-10-07 number 25543
- South Africa Government Gazette dated 2004-04-28 number 26311
- South Africa Government Gazette dated 2010-11-29 number 33807
- South Africa Government Gazette dated 2011-05-06 number 34276
- South Africa Government Gazette dated 2011-10-27 number 34701
- South Africa Government Gazette dated 2012-08-28 number 35632
- South Africa Government Gazette dated 2012-11-23 number 35900
- South Africa Government Gazette dated 2012-12-07 number 35703
- South Africa Government Gazette dated 2013-10-04 number 36895
- South Africa Government Gazette dated 2013-11-26 number 37067
- South Africa Government Gazette dated 2014-02-17 number 37325
- South Africa Government Gazette dated 2016-03-01 number 39766
- South Africa Government Gazette dated 2016-03-09 number 39791
- South Africa Government Gazette dated 2016-10-21 number 40359 part 1
- South Africa Government Gazette dated 2017-08-31 number 41079
- South Africa Government Gazette dated 2017-09-14 number 41116
- South Africa Government Gazette dated 2018-09-14 number 41903
- South Africa Government Gazette dated 2020-06-30 number 43491
- South Africa Government Gazette dated 2020-07-10 number 43514
- South Africa Government Gazette dated 2020-10-02 number 43758 part 1
- South Africa Government Gazette dated 2020-12-10 number 43982
- South Africa Government Gazette dated 2021-07-15 number 44856
- Western Cape Provincial Gazette dated 2002-06-05 number 5882
- Western Cape Provincial Gazette dated 2008-06-18 number 6536
- Western Cape Provincial Gazette dated 2010-05-31 number 6755
Judgment 28
- Air Chefs Soc Limited v Public Protector of the Republic of South Africa and Others (Leave to Appeal) (31083/2020) [2024] ZAGPJHC 61 (29 February 2024)
- Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another (671/2019) [2021] ZASCA 133 (4 October 2021)
- Body Corporate of Candice Glades v Derrocks Attorneys and Another (47219/21) [2022] ZAGPJHC 381 (6 June 2022)
- De Lange v Smuts NO and Others [1998] ZACC 6 (28 May 1998)
- Democratic Alliance and Others v Mkhwebane and Another (1370/2019) [2021] ZASCA 18 (11 March 2021)
- Democratic Alliance v Public Protector; Council for Advancement of South African Constitution v Public Protector (11311; 13394/18) [2019] ZAGPPHC 389 (20 May 2019)
- Dlamini Inc v Transnet SOC Ltd and Others (16593/19; 23785/19) [2022] ZAGPJHC 904 (2 June 2022)
- Du Plessis v Public Protector and Others (C 272/2019) [2019] ZALCCT 15 (12 December 2019)
- Economic Freedom Fighters v Speaker of National Assembly and Others; Democratic Alliance v Speaker of National Assembly and Others [2016] ZACC 11 (31 March 2016)
- Gobo Gcora Construction & Project and Others v Nelson Mandela Bay Municipality and Another ; Nelson Mandela Bay Municipality v Public Protector of Republic of South Africa and Others (1414/2016; 992/2016) [2019] ZAECPEHC 27 (16 April 2019)
- Government Employees Medical Scheme and Others v The Public Protector of the Republic of South Africa and Others (1000/2019) [2020] ZASCA 111 (29 September 2020)
- Intuitive PDA (Pty) Ltd v National Credit Regulator (NCT/212225/2021/56(1)) [2022] ZANCT 24 (20 September 2022)
- Jacob G Zuma v The Office of the Public Protector and Others (1447/2018) [2020] ZASCA 138 (30 October 2020)
- Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 139/2019) [2021] ZALCC 5 (30 September 2021)
- Leuven Metals (Pty) Lt31d v Commissioner for South African Revenue Service (31356/21) [2022] ZAGPPHC 679 (19 May 2022)
- Madikizela v Public Protector and Others (800/2021; 802/2021; 818/2021) [2023] ZAECBHC 3 (14 February 2023)
- Medical Information Technology SA (Pty) Ltd and Another v Public Protector and Others (29760/2020) [2023] ZAGPPHC 40 (30 January 2023)
- Minister of Home Affairs and Another v Public Protector of the Republic of South Africa (308 of 2017) [2018] ZASCA 15 (15 March 2018)
- Mokheseng v Minister of Defence and Military Veterans and Others (11458/2021) [2022] ZAGPPHC 1046 (23 November 2022)
- Ndhlovu v Phoshoko (11908/2020) [2023] ZAGPPHC 110 (2 March 2023)
- Public Protector and Others v President of the Republic of South Africa and Others [2021] ZACC 19 (1 July 2021)
- Public Protector v Commissioner for the South African Revenue Service and Others [2020] ZACC 28 (15 December 2020)
- Public Protector v Mail and Guardian Ltd and Others (422/2010) [2011] ZASCA 108 (1 June 2011)
- Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019)
- S v Barendse and Another (A01/2023) [2023] ZAWCHC 63 (22 May 2023)
- Sesoko and Others v Office of Public Protector and Others (74427/19) [2022] ZAGPPHC 960 (1 June 2022)
- South African Broadcasting Corporation Soc Ltd and Others v Democratic Alliance and Others (393/2015) [2015] ZASCA 156 (8 October 2015)
- South African Bureau of Standards v The Public Protector and Another (34290/15) [2019] ZAGPPHC 420 (27 March 2019)
Law Reform Report 1
Legislation 9
- KwaZulu-Natal Petitions Regulations, 2006.
- Mpumalanga Repeal and Application Act, 2006
- North West Petitions Act, 2010
- Northern Cape Petitions Act, 2009
- Ombudsman
- Prevention and Combating of Corrupt Activities Act, 2004
- Promotion of Access to Information Act, 2000
- Protection of Personal Information Act, 2013
- Western Cape Petitions Regulations, 2010