CHAPTER 2
	COMPLAINTS TO PUBLIC PROTECTOR

Powers of Public Protector in addition to powers conferred by other laws

	89. Any powers or duties conferred or imposed on the Public Protector by or under this Act shall add to, and not limit, any powers or duties conferred or imposed by or under any other law.

Assistance by Public Protector

	90. The Public Protector shall, on request, assist any person who wishes to exercise his or her rights in terms of this Act.
		
Complaints to Public Protector

	91. Any person may lodge a compliant with the Public Protector in respect of any matter [relating to this Act] about any interference with or failure to respect any right given to him or her by this Act or any failure to discharge any duty or obligation owed to him or her under this Act or the unlawful or improper exercise of any power given by this Act over or affecting him or her in a form and manner determined by the Public Protector in consultation with the Commission. 

Investigation of complaint

	92. The provisions of the Public Protector Act, 1994 (Act No. 23 of 1994) relating to the conduct of, and the powers and duties of the Public Protector in, an investigation shall apply, with the necessary modifications, to the investigation of a complaint lodged in terms of this Act.

Notice of intention to investigate

	93. (1) Before commencing any investigation under this Act the Public Protector shall notify the head, information officer or chief executive officer of the governmental, governing or private body, respectively, concerned of the intended investigation .
	(2) Where the head, information officer or chief executive officer of a [governmental] body receives a notice in terms of subsection (1) of an investigation, he or she shall forthwith 
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	(a)	advise the Public Protector of any third party who has been notified in terms of section 44(1),49A(5), 78(1) or 86(1), as the case may be, or should have been notified in terms of those sections; and
	(b)	notify any such third party of the intended investigation.

Precautions against disclosure

	94. (1) No person shall disclose to any other person the content of a record in the possession or under the control of the Public Protector or a member of the office of the Public Protector, for the purpose of performing a function conferred on the Public Protector or such member by or under this Act, unless it is disclosed in accordance with this Act.
	(2) During an investigation under this Act the Public Protector shall take reasonable steps to avoid the disclosure of -
	(a)	any record which may be withheld from disclosure in terms this Act; and
	(b)	where the information officer of a governmental body, or the head of the body on internal appeal, in refusing to grant access to a record, [does not] in terms of section 33(2) or 34(2) [indicate or refuse to indicate whether or not the record exists] refuses to confirm or deny the existence or non-existence of the record, any information as to whether or not the record exists.

Findings and recommendations of Public Protector

	95. After completion of an investigation under this Act, the Public Protector shall prepare a report on his or her findings and recommendations in respect of the matter investigated and furnish the report to the head of the appropriate governmental body.

Reports to Commission

	96. The Public Protector shall submit to the Commission half-yearly reports on -
	(a)	the number of complaints lodged with the Public Protector in terms of this Act;
	(b)	the nature and outcome of those complaints; and
	(c)	such other matters as may be prescribed.

Provincial public protectors
	
	97. (1) The provisions of this Act pertaining to the Public Protector shall, with the necessary modifications, apply, within the limits of his or her jurisdiction referred to in subsection (2), to a provincial public protector who has been appointed under a law contemplated in section 114(1) of the Constitution.
	(2) For the purpose of this Act, a provincial public protector shall -
	(a)	have concurrent jurisdiction with the Public Protector in respect of any matter affecting a governmental body on a provincial or local level of the province concerned; and 
	(b)	shall exercise his or her powers and perform his or her duties in consultation with the Public Protector.
  	(3) For the purpose of subsection (1), a reference to the Public Protector or the Minister of Finance in this Act shall be construed as a reference to the relevant provincial public protector or the member of the Executive Council of the province responsible for finance, respectively.