See sections 170 (1)(d) and 173
| (1) | If, at any time before concluding its consideration of a complaint, the Commission believes that the respondent may be prepared to agree terms of a proposed order, the Commission may— |
| (a) | notify the complainant, in writing, that a consent order may be recommended; and |
| (b) | invite the complainant to inform the Commission in writing within 10 business days after receiving that notice— |
| (i) | whether the complainant is prepared to accept damages or an alternative remedy under such an order; and |
| (ii) | if so, the amount of damages claimed or particulars of the alternative remedy. |
| (2) | If the Commission and the respondent agree the terms of an appropriate order, the Commission must— |
| (a) | refer the complaint to the High Court in accordance with its Rules; |
| (b) | attach to the referral— |
| (i) | a draft order in a form consistent with the High Court Rules, and— |
| (aa) | setting out each section of the Act or of a company's Memorandum of Incorporation or Rules that has been contravened; |
| (bb) | setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and |
| (cc) | signed by the Commission and the respondent indicating their consent to the draft order; and |
| (ii) | a Consent to Order in Form CoR 138, completed by the complainant, if applicable; and |
| (c) | serve a copy of the referral and draft order on the respondent and the complainant. |
| (3) | The Commission must not include an order of damages in a draft consent order unless the complainant expressly consented that order for damages in Form CoR 138. |
| (4) | A draft consent order may be submitted to the Court in terms of section 173 and this Rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft order. |
