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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 8 : Conclusion of Complaints

28. Conclusion of complaints

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A complaint is concluded under the following circumstances—

(a)after conclusion of an assessment if the complaint is rejected or in the case of a direct referral, if no further action is required;
(b)if the complaint is resolved by means of conciliation, negotiation or mediation as contemplated in Chapter 6 of these Procedures;
(c)after conclusion of an investigation where it is found that—
(i)there was no violation of a fundamental right; or
(ii)there was a violation of or threat to a fundamental right and the said violation is remedied;
(d)if a complaint is withdrawn by the complainant and the Provincial Manager is satisfied that there are no compelling reasons to proceed with the investigation;
(e)if a complainant does not provide further particulars as contemplated in article 13(2) of these Procedures: Provided that the complaint may be re-opened on good cause shown by the complainant;
(f)when the final report is received regarding a referral contemplated in article 12(8) of these Procedures;
(g)after submission of the report contemplated in article 27 of these Procedures; or
(h)after resolution of a matter subsequent to the institution of legal proceedings in a competent court or tribunal as contemplated in article 42 of these Procedures.