South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 4 : Processing of Complaints

12. Procedure followed after lodging a complaint
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(1)

(a)The Data Capturer must, within three days of receipt of a complaint, in consultation with the Provincial Manager, transfer any complaint incorrectly submitted to the Provincial Office, after registering it as contemplated in subarticle (2)(b), to the correct Provincial Office as contemplated in article 5 of the Procedures.
(b)The Data Capturer must, within seven days of receipt of the complaint, inform the complainant of the transfer contemplated in paragraph (a) and provide the complainant with the contact details of such Provincial Office.

 

(2)The Data Capturer must, within three days after receipt of a complaint—
(a)open a file for the complaint; and
(b)allocate a reference number to the complaint with a consecutive number for the year during which it is received.

 

(3)The Data Capturer must, within seven days from the date of receipt of the complaint, acknowledge receipt of the complaint via the post, email, facsimile or cellular phone text message: Provided that he or she must keep record thereof.

 

(4)The notification of acknowledgement of receipt must advise the complainant that his or her complaint has been registered together with the reference number allocated to the complaint.

 

(5)AII complaints recorded by the Data Capturer must, within three days of registration, be submitted to the Provincial Manager for assessment.

 

(6)

(a)The assessment contemplated in subarticle (5) must, within seven days of submission of the complaint, be completed: Provided that if, during the course of the assessment, the Provincial Manager requires further information, the assessment has to be finalised within seven days after receipt of the required information.
(b)If the complainant fails to provide further information as contemplated in paragraph (a), the Provincial Manager may conclude the assessment based on the information available on file.

 

(7)If the Provincial Manager makes a finding that the complaint should be rejected or referred as contemplated in subarticles (8) and (9), the complainant must, within seven days of the finding, be notified thereof, in writing: Provided that he or she must be provided with full reasons for the rejection or referral and be advised of his or her right of judicial review and appeal in terms of Chapter 9 of these Procedures.

 

(8)

(a)If the Provincial Manager makes a finding that the complaint does not fall within the jurisdiction of the Commission, or could be dealt with more effectively or expeditiously by another organisation, institution, statutory body or institution created by the Constitution or any applicable legislation, the complaint must, within seven days of the finding, be referred to such appropriate organisation, institution or body (direct referral) and the complainant must, within three days of the referral, be notified thereof, in writing, and be provided with the contact details of such appropriate organisation, institution or body.
(b)The Provincial Manager is entitled to request and receive monthly reports from organisations, institutions and bodies on the status of complaints contemplated in paragraph (a) if the Provincial Manager is of the view that the complaint constitutes a prima facie violation of a fundamental right.

 

(9)If the Provincial Manager makes a finding that the complaint does not fall within the jurisdiction of the Commission, or could be dealt with more effectively or expeditiously by another organisation, institution, statutory body or institution created by the Constitution or any applicable legislation, the complainant must, within seven days of the finding, be notified thereof, in writing; be provided with the contact details of the said organisation, institution or body in order to pursue the alternative option himself or herself (indirect referral); and be advised that he or she may contact the Commission again should he or she not get a response from the said organisation, institution or body.

 

(10)If the Provincial Manager makes a finding that the complaint should be referred in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)(hereinafter referred to as "PEPUDA"), the complainant must, within seven days of the finding, be notified thereof, in writing and be advised that the Provincial Manager or any member of staff, as duly designated may assist him or her in instituting proceedings in the Equality Court/in compliance with PEPUDA and the Regulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2003 (Government Notice R. 764 of 13 June 2003).

 

(11)If the Provincial Manager makes a finding that the complaint constitutes a prima facie violation of a fundamental right, the complainant must, within seven days of the finding, be notified that the complaint is accepted, in writing.

 

(12)If, upon conclusion of the assessment, the Provincial Manager is still in doubt whether the complaint should be accepted or not, the complaint, together with a report and recommendation, should be submitted to the Steering Committee for consideration.

 

(13)

(a)The time frames provided for in this article must be complied with unless special circumstances warrant an extension of the prescribed time frames.
(b)If special circumstances warrant an extension of the prescribed time frames, the Provincial Manager must/ within three days of the expiry of the prescribed time frames, inform the complainant of the extension and the special circumstances warranting a longer period, in any manner he or she deems fit but by keeping written record thereof.