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(e) the complainant does not have sufficient personal interest in the subject matter of
the complaint;
(f) the complaint relates to a matter governed by an approved code of conduct
which makes provision for a complaints procedure, and the complainant has failed
to use the complaints procedure as provided for in that code; or
(g) the complaint relates in whole or in part, to a matter that is more properly within the
jurisdiction of another regulatory body.
(2) Notwithstanding anything in subsection (1), the Commission may in its discretion
decide not to take any further action on a complaint if, in the course of the investigation of the
complaint, it appears to the Commission that any further action is unnecessary or inappropriate.
(3) In any case where the Commission decides to take no action or no further action, on a
complaint, the Commission shall inform the complainant of that decision and the reasons for it.
Pre-investigation by the Commission
37. Before proceeding to investigate any matter in terms of this Part, the Commission shall
inform the complainant and the data controller to whom the investigation relates of the –
(a) details of the subject matter of the investigation; and
(b) rights of the data controller to submit to the Commission within fourteen (14) days,
a written response in relation to the subject matter of the investigation.
Investigation proceedings by the Commission
38. For the purpose of the investigation of a complaint, the Commission may –
(a) summon and enforce the appearance of persons before the Commission, and compel
them to give oral or written evidence under oath and to produce any records and
things that the Commission considers necessary to enable it to investigate the
complaint;
(b) administer oaths;
(c) receive and accept any evidence and other information whether on oath, by affidavit
or otherwise, that the Commission deems fit, whether or not it is or would be
admissible in a Court of law;
(d)
at any time enter any premises or other place which the Commission reasonably
suspects as being connected with any activities regulated by the Commission and
search and inspect those premises or other place together with any books, documents
or records found on those premises;
(e) require any person to produce for inspection and take extracts from any books,
documents, or records relating to any activities regulated by the Commission which
are under the control of that person and, in the case of information in a non-legible
form or unknown language or encrypted to reproduce that information in a legible
form or known language or decrypted, as the case may be, and to give the
Commission all the information requested in relation to any entries in those books,
documents or records;
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