In terms of section 6(3)(b) of the Public Protector Act, 1994, the Public Protector may refuse to investigate a matter if the person ostensibly prejudiced has not taken all reasonable steps to exhaust his or her legal remedies in connection with such matter.
In this instance, the Investigation Team was of the view that the complainant had not fully exhausted the internal remedies or channels that he could reasonably be expected to use prior to lodging a complaint with the Public Protector.
The Public Protector is an institution of last resort, and each matter is considered on its own merits. Thus, declining a matter in terms of section 6(3)(b) does not prevent a complainant from returning to the Public Protector once they have exhausted their internal remedies.
