South African Human Rights Commission Act, 2013 (Act No. 40 of 2013) Notices South African Human Rights Commission Complaints Handling Procedures Chapter 2 : Definitions 2. Definitions

 

In these Procedures, any word or expression to which a meaning has been assigned in the Act, bears the meaning so assigned and, unless the context otherwise indicates—

 

"appellant"

means a person who lodges an appeal as contemplated in Chapter 9 of these Procedures against a determination, decision or finding made in terms of these Procedures;

 

"assessment"

means the process of screening a complaint by the Provincial Manager to confirm jurisdiction and make an initial finding;

 

"association"

means a group of persons organised for a joint purpose;

 

"Chairperson"

means the Chairperson of the Commission;

 

"child"

means any person under the age of 18 years;

 

"Commission"

means the South African Human Rights Commission established by section 181 of the Constitution;

 

"complainant"

means any person, group or class of persons, association, organisation or organ of state as contemplated in article 6 of these Procedures;

 

"complaint"

means an oral, written or electronic communication alleging conduct or an omission in violation of a fundamental right addressed to the Commission;

 

"conciliation"

means the process of reconciling a matter between parties;

 

"Constitution''

means the Constitution of the Republic of South Africa, 1996;

 

"Data Capturer"

means the person who receives and registers a complaint or an appeal;

 

"day"

means any calendar day excluding Saturdays, Sundays and public holidays;

 

"finding"

means a conclusion reached after an assessment or investigation of a complaint or an inquiry or a hearing regarding an alleged violation of or a threat to a fundamental right;

 

"fundamental rights"

means the fundamental rights contained in sections 9 to 35 of Chapter 2 of the Constitution;

 

"hearing"

means a formal investigation contemplated in section 9(1)(c) read with section 9(1)(d) of the Act, taking on the nature of a hearing as contemplated in Chapter 7 of these Procedures;

 

"investigation"

means an investigation as contemplated in section 9 of the Act;

 

"judicial review"

means the review of an administrative action by a court or tribunal as contemplated in section 6 of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000);

 

"mediation"

means the process of intervention between parties by an Independent person or mediator to reach an agreement;

 

"negotiation"

means the process of conferring with the parties in order to reach an agreement;

 

"organisation"

means an organised body, including a business, political party, trade union and charity;

 

"organ of state"

bears the meaning assigned to it in section 239 of the Constitution;

 

"Panel"

means the panel of the Commission as contemplated in article 21 of these Procedures;

 

"person with a mental disability"

means a person aged 18 years or older whose cognitive ability appears to be comparable to that of a child or appears to render such person vulnerable and in need of assistance or protection;

 

"Provincial Office"

means the office of the Commission as contemplated in section 2(2) of the Act, in each of the nine provinces as contemplated in section 103 of the Constitution;

 

"report"

means a written account given or opinion formally expressed after an investigation, consideration or finding;

 

"respondent"

means any person, group or class of persons, association, organisation or organ of state who is allegedly in violation of or a threat to a fundamental right;

 

"sheriff"

means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act 90 of 1986), and also a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively;

 

"Steering Committee"

means the committee tasked, inter alia, to oversee the programme, unit or division responsible for the provision of legal services and to provide support and quality assurance, consisting of the following members—

 

"the Act"

means the Human Rights Commission Act, 1994 (Act 54 of 1994).