South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 6 : Resolution of Complaints19. Mediation proceedings |
| (1) | If the Provincial Manager or any member of staff, as duly designated, proposes that mediation proceedings be conducted in respect of a complaint, including a complaint referred to the Commission for mediation in terms of an order of the Equality Court, and the parties agree thereto, such proceedings must, within 14 days from such agreement, be set up. |
| (2) | The Provincial Manager or any member of staff, as duly designated, must facilitate the mediation proceedings and examine and evaluate the presentations of the parties. |
| (3) | If an agreement is not enforceable, impractical, vexatious, unrealistic, or does not bring finality to the mediation proceedings or if the performance in the agreement is not specific, measurable, achievable, realistic and time bound, the Provincial Manager or any member of staff, as duly designated, may determine an appropriate way to resolve the matter by any other means that may be appropriate in the circumstances. |
| (4) | The Provincial Manager, or any member of staff, as duly designated, may determine an appropriate way to resolve a matter if a party no longer wishes to participate in the mediation. |
(5)
| (a) | The complainant and the respondent, and if applicable, the clerk of the Equality Court must, within seven days of the determination, be notified by the Provincial Manager or any member of staff, as duly designated, of the outcome of the proceedings, in writing. |
| (b) | If the matter was referred to the Commission in terms of and order of the Equality Court, the Provincial Manager must, within seven days of the determination, submit a report to the Steering Committee. |
(6)
| (a) | The provisions of article 20(1) of these Procedures apply in the event that a complaint cannot be resolved by mediation proceedings. |
| (b) | The Provincial Manager must, within seven days after the determination that a complaint cannot be resolved by mediation proceedings, submit a report to the Steering Committee and, if applicable, the clerk of the Equality Court, providing reasons for such failure. |
| (c) | The Steering Committee must decide on the appropriate action, which may include a hearing or the institution of legal proceedings, within seven days. |