South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 7 : Conducting of Hearings25. Procedure at hearings |
| (1) | The Chairperson of the Panel must, before the commencement of the hearing, explain— |
| (a) | the purpose of the hearing; |
| (b) | the inquisitorial nature of the hearing; and |
| (c) | the procedures which will be followed at the hearing. |
| (2) | The Chairperson of the Panel must commence the hearing by summarising the complaint and the issues to be decided during the hearing. |
| (3) | The Panel must determine the order for leading evidence. |
| (4) | The Panel must make a determination about any article, document or information to be disclosed at the hearing. |
| (5) | The Panel must give directions on any other aspect of the hearing. |
| (6) | The Panel may receive evidence in any manner it deems fit, including by teleconference and video-conference, and in the case of a child or a person with a mental disability, through an intermediary. |
| (7) | Any party appearing at the hearing is entitled to be represented by another person, including a legal representative, who is entitled to peruse all documentation in the possession of the Commission relevant for the purpose of the hearing. |
(8)
| (a) | The parties must be given a reasonable opportunity to respond to the evidence given at the hearing. |
| (b) | A party may in response to the evidence given at the hearing— |
| (i) | give evidence; |
| (ii) | call witnesses to give evidence on his or her behalf; |
| (iii) | hand in documents; |
| (iv) | hand in written submissions; |
| (v) | personally, through his or her legal representative or in the case of a child or a person with a mental disability, through a parent, an appropriate adult or a guardian cross-examine witnesses; and |
| (vi) | make a statement personally, through his or her legal representative or in the case of a child or a person with a mental disability, through a parent, an appropriate adult or a guardian. |
| (c) | The Panel must conduct the hearing in a fair and impartial manner. |
| (9) | The Panel must take any step necessary to establish the truth and correctness of any statement, submission or evidence given. |
(10)
| (a) | The parties must be given a reasonable opportunity to make closing statements. |
| (b) | A party may make a statement personally, through his or her legal representative or in the event of a child or a person with a mental disability, through his or her parent, an appropriate adult or a guardian. |