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Independence of the Commission
166.
The Commission shall be independent in the performance of its functions and shall not be
subject to the direction or control of any person or authority.
Discretion of Commissioner
167.
In determining whether to initiate, continue or discontinue an investigation, the Commissioner
shall exercise discretion and in particular and without prejudice to the
generality of that discretion, the Commissioner may refuse to initiate or continue an investigation
where it appears that
(a)
the complaint relates to action of which the complainant had knowledge for
more than twelve months before the complaint was received by the
Commission;
(b)
the subject matter of the complaint is trivial, frivolous, vexatious or is not
made in good faith; or
(c)
the complainant has not a sufficient interest in the subject matter of the
complaint, unless justified in terms of section 164 (2) (c).
Report of investigation
168.
(1)
Where a complaint, or request for an investigation, is duly made and the
Commissioner decides not to investigate the matter or where the Commissioner decides to
discontinue an investigation of the matter, the Commissioner shall inform the person who
made the complaint or request of the reasons for not investigating or for discontinuing the
investigation.
(2)
The Commission may, where necessary, issue an interim report containing such
recommendations as it may deem appropriate in the circumstances.
(3)
The Commission shall, upon completion of an investigation inform the public officer,
person, private enterprise or institution of the findings in writing.
(4)
Upon the completion of an investigation the Commissioner shall inform the
department of Government or the authority concerned of the results of the investigation and
where the Commissioner is of the opinion that any person has sustained an injustice in
consequence of a fault in administration, the Commissioner shall inform the department of
Government or the authority of the reasons for the opinion and make such recommendations
as the Commissioner thinks fit.
(5)
The Commission may in the interim report, or in the final report, specify the time
within which the injustice should be remedied.
(6)
Where the investigation is undertaken as a result of a complaint or request, the
Commissioner shall inform the person who made the complaint or request of the findings.
(7)
Where the matter in the opinion of the Commissioner is of sufficient public importance
or where the Commissioner has made a recommendation under subsection (4) or (5) and
within the time specified by the Commissioner no sufficient action has been taken to remedy
the injustice, or terminate the offensive conduct then, subject to
such provision as may be made by Parliament, the Commission shall lay a special report on
the case before Parliament.
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