“It is, however, acknowledged that the investigation — from the time the matter was allocated to the senior investigator for investigation — was conducted and finalised within a reasonable period. The plan was approved or confirmed by the board during April 2020 and the investigation was concluded on 14 January 2021. That is nine months. However, the Irba failed to allocate the file to the investigator within a reasonable time. The file was only allocated after more than 22 months.
Mkhwebane criticised the regulator for a lack of “adequate internal processes and service standards in which investigation timelines are prescribed”. She said the regulator failed to “implement proper processes to ensure speedy resolution of complaints”.“He only got feedback upon inquiry about the progress of the investigation, or when negative media/social media communications came up.
As a remedy, Mkhwebane said Irba acting CEO Imre Nagy must develop a standard operating procedure manual and service standards to enhance the regulator’s rules when conducting investigations within 90 days. She said these should go together with “prescribed timelines within which the investigations should be conducted to ensure continuous communication with complainants and to ensure speedy resolution and turnaround time for complaints”.
Mkhwebane said the finance minister and the Irba must take “cognisance of the envisaged remedial action”.
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