South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 7 : Conducting of Hearings20. Circumstances under which the Commission conducts hearings |
| (1) | The Provincial Manager may on his or her own accord or on receipt of a written request by one or both of the parties, in consultation with the parties and the Steering Committee, refer a complaint to the Panel contemplated in article 21 of these Procedures for a hearing as contemplated in section 9(1)(c) and (d) of the Act under the circumstances he or she deems fit, including the following— |
| (a) | if a complaint cannot be resolved by any other means referred to in the Act and these Procedures; |
| (b) | if a hearing will offer an appropriate solution regarding the complaint; |
| (c) | if it is in the public interest; |
| (d) | if the complaint cannot be fairly decided on the basis of documentary evidence or written statements submitted by the parties or any other person having information relevant to the complaint only; or |
| (e) | if a party requesting a hearing supplies reasonable grounds. |
| (2) | A party requesting a hearing must do so in writing setting out— |
| (a) | the reasons, with due regard to the provisions of subarticle (1 ), as to why a hearing is desirable; and |
| (b) | the material issues that the party wishes to raise during the hearing. |