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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 10 : General Provisions

37. Conditions for joining or substituting parties to proceedings

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(1)The Provincial Manager may on his or her own accord or on written application by a party to the proceedings, join or substitute any number of persons, associations, organisations or organs of state as parties in the complaint proceedings—
(a)if their right to corrective action depends on substantially the same question of law or fact;
(b)if the parties so joined or substituted have a substantial interest in the subject matter of the proceedings, and may give appropriate directions as to further procedures for the proceedings;

Provided that the complaint originated in the area of the Provincial Office as contemplated in article 5 of these Procedures.

 

(2)

(a)An application to join or substitute a person, association, organisation or organ of state as a party in the proceedings must contain the following information—
(i)the grounds for the application; and
(ii)full particulars of the person, association, organisation or organ of state concerned;
(b)An application to join any person, association, organisation or organ of state as a party to the proceedings or to substitute an existing party must be accompanied by copies of all documents previously delivered to an office of the Commission.

 

(3)If during any proceedings it becomes necessary to substitute a person, association, organisation or organ of state for an existing party, any party to the proceedings may apply to the Provincial Manager for a determination substituting that party for an existing party and the Provincial Manager may make such a determination or give appropriate directions as to the further procedure in the proceedings.

 

(4)Subject to any determination made by the Provincial Manager in terms of this article, the joining or substitution of a person, association, organisation or organ of state in proceedings in terms of these Procedures does not affect any steps already taken regarding the proceedings.