South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 10 : General Provisions36. Grounds for conducting joint investigations |
| (1) | The Provincial Manager may conduct a joint investigation with another institution or organ of state if— |
| (a) | the mandate of that institution or organ of state overlaps with the mandate of the Commission in respect of the resolution of the complaint; |
| (b) | he Commission does not have resources, capacity or in-house expertise to resolve the matter without assistance of that institution or organ of state; |
| (c) | the nature and the complexity of the matter warrant the assistance of that institution or organ of state; or |
| (d) | a collaboration agreement exists between the Commission and the other institution or state organ and the matter falls within the mandate of both, and that institution or organ of state agrees to such a joint investigation. |
| (2) | The Provincial Manager must, if he or she intends to conduct a joint investigation— |
| (a) | inform the parties within seven days of exercising the power contemplated in subarticle (1)— |
| (i) | of the intention to conduct a joint investigation; |
| (ii) | of the particulars of the institution or organ of state which will be involved in the joint investigation; |
| (iii) | of the reasons for the joint investigation; and |
| (b) | invite the parties to respond on or before a specified date, in writing to the intended joint investigation. |
| (3) | The Provincial Manager must, within seven days after consideration of the responses from the parties, make a final decision and inform the parties in writing within seven days of the final decision of the outcome, in writing. |