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A Complaint?
A complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff to a remedy.
Filing a Complaint
A person who has reasonable grounds to believe that a person in public life is in breach of any provision of the Code of Conduct may make a complaint in writing to the Commission and shall state in the complaint the particulars of the breach including-
(a) the period within which the breach was committed; and
(b) the names and addresses of person involved in the commission of the breach.
A person making a complaint shall produce to the Commission-
(a) evidence to support the complaint including documentary evidence and sworn statements; and
(b) such other particulars as may be prescribed.
A person making a complaint shall not be liable in civil or criminal proceedings unless it is proved that the complaint was not made in good faith.
Investigating a Complaint
Where upon an examination of a complaint, the Commission is of the view that an investigation is necessary, it shall inquire into the matter.
The sittings of the Commission to take evidence or hear submissions in the course of an inquiry shall be held in camera.
A person who makes a complaint and the person in public life against whom the complaint is made and the inquiry is being held, shall be entitled to notice of the proceedings of the inquiry and to be represented at the inquiry either personally or by an attorney-at-law.
Rejecting a Complaint
Where a complaint has been made to the Commission, the Commission after examination of the complaint may reject the complaint if the Commission is of the opinion that-
(a) the complaint is frivolous or vexatious; or
(b) the complaint does not pertain to a matter the Commission is empowered to deal with under the Integrity in Public Life Act.
A complaint shall not be rejected by the Commission without the Commission giving the person who made the complaint a reasonable opportunity to be heard.