Magistrates Act, 1993 (Act No. 90 of 1993)Regulations for Judicial Officers in Lower Courts, 1994Chapter II : Regulations Regarding MagistratesPart IX : Complaints and Grievances of Magistrate31. Procedure in respect of investigation of complaints and grievances |
| (1) | If a magistrate is dissatisfied or discontented with an official act or ommission, he may report the matter, in writing, to his head of office or if he does not have a head of office, to the Commission giving full particulars of the complaint or grievance. |
| (2) | The head of office referred to in subregulation (1) or the Commission, as the case may be, investigates the matter and informs the magistrate concerned, in writing, of the result. |
(3)
(a)
| (i) | If the head of office fails to conduct the investigation within 14 days in terms of subregulation (2), the magistrate concerned may, within 14 working days after the expiry of the period referred to in the subregulation submit his complaint of grievance, in writing, to the Commission; or |
| (ii) | if the magistrate concerned is dissatisfied with the outcome of the investigation by the head of office referred to in subregulation (2), he may, within 14 working days after receipt of the result submit his complaint or grievance, in writing, to the Commission. |
| (b) | On receipt of the complaint or grievance concerned the Commission shall determine the manner of handling thereof and may designate a magistrate or person to investigate that complaint or grievance. |
| (c) | After the complaint has been investigated, the magistrate or the person who conducts the investigation shall submit his recommendation and all the relevant documents concerning the matter to the Commission. |
| (d) | The Commission may after receipt of the recommendation referred to in paragraph (c) order such further investigation as it may deem fit. |