A natural person who has a direct interest in published material may complain; 1.2.1. the person affected by the published material cannot act in his/her own name; or 3. A company, trust, association or other corporate institution which has a direct interest in published material may complain, subject torule 3below.
No complaint shall be accepted unless the complainant, or in the case of third-party complaints, the person affected by the publication, has waived his/her/its rights to institute an action or application in any court or other tribunal. The waiver shall be unequivocal and in accordance with the prescribed form which is “Form A” hereto. The waiver will only be required if no settlement in terms ofrule 5below can be reached.
3.1 Any complainant other than a natural person, a registered Non-Profit Organisation or a Public Benefit Organisation, shall pay a refundable deposit of R5 000.00 before the complaint will be considered by the Ombuds. The deposit will only become payable if no settlement in terms ofrule 5below can be reached. If the complainant referred to in3.1above is substantially successful, the deposit shall be refunded to the complainant.
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The Ombuds may, on good cause shown, waive the requirement for the deposit. Every complaint shall be in the format ofForm Bhereto.
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