Legal Practice Act, 2014 (Act No. 28 of 2014)

Rules

Legal Services Ombud Rules

Part A

6. Procedure for Investigation
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(1) Unless otherwise determined by the Ombud, the format of the investigation may include the following or any combination thereof:
(a) Communication by telephone, letter, email or any other form of correspondence;
(b) meetings with affected parties or persons reasonably believed to have information relevant to the investigation;
(c) appearance of a person before the Ombud, physically or virtually, for purposes of obtaining or clarifying information or to produce any document in terms of section 48(2) of the Act;
(d) examining and copying records or documents relevant to the investigation which are in possession or under the control of a party; and
(e) a public hearing to obtain input or comment on a subject of general or broad public concern.

 

(2) The Ombud may, in addition to any other means as he or she may deem fit, obtain information for purposes of the investigation in the following ways or any combination thereof:
(a) A statement by a party, at the request of the Ombud, providing reasons for their act or omission;
(b) a statement, providing information relating to a matter inquired about by the Ombud, by a party or any other person reasonably believed to have information relevant to the matter; and
(c) information obtained by the Ombud in attending any hearing or proceedings relevant to the investigation.

 

(3) A person summonsed to furnish documents shall appear before the Ombud at a time and place specified in the summons with the book, document or other object requested.

 

(4) The Ombud must conclude an investigation within 90 days after assessment of the complaint unless there are circumstances justifying a longer period.

 

(5) The Ombud must, if the investigation cannot be concluded within the period referred to in sub-rule (4), inform the complainant of this fact and of the circumstances justifying a longer period and indicate the time period in which the investigation will be finalised.