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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 6 : Resolution of Complaints

18. Conciliation and negotiation proceedings
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(1)The Provincial Manager or any member of staff, as duly designated, may decide on conciliation or negotiation of a complaint, including a complaint referred to the Commission for conciliation or negotiation in terms of on order of the Equality Court, through correspondence or joint sessions with the parties.

 

(2)The Provincial Manager or any member of staff, as duly designated, must, within 14 days from receiving the response letter from the respondent, set up a conciliation or negotiation process.

 

(3)The Provincial Manager or any member of staff, as duly designated, must, within three days of setting up a conciliation or negotiation process, determine the issues to be conciliated or negotiated and must, within seven days, inform the parties accordingly.

 

(4)The Provincial Manager or any member of staff, as duly designated, must direct the proceedings, develop and propose the terms of a settlement, and determine an outcome to the issues being conciliated or negotiated.

 

(5)The conciliation and negotiation process must, within 30 days after the decision contemplated in subarticle (1), be finalised.

 

(6)The complainant and the respondent, and if applicable, the clerk of the Equality Court, must, within seven days of finalisation of the proceedings, be notified of the outcome of thereof, in writing.

 

(7)

(a)If the parties fail to reach on agreement, the Provincial Manager or a member of staff, as duly designated, must prepare a report on the reasons for the failure to resolve the complaint and submit it to the Steering Committee within two days of such failure: Provided that if the matter was referred to the SAHRC in terms of on order of the Equality Court, the report must also be submitted to the said Court.
(b)The Steering Committee must decide on the appropriate action, which may include mediation, a hearing or the institution of legal proceedings, within seven days.