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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 3 : Lodging Complaints

4. Complaints not dealt with by the Commission
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(1)The Commission has no jurisdiction to deal with complaints regarding conduct or omissions that occurred prior to 27 April 1994.

 

(2)The Commission may reject any complaint, which—
(a)is based on hearsay, rumour or reports disseminated through the media: Provided that the Commission may conduct an enquiry to verify any allegation of a violation of a fundamental right that is reported in the media or obtained from any source; and upon verification, such alleged violation must be dealt with in terms of the Act and these Procedures;
(b)is couched in language that is abusive, insulting, rude or disparaging: Provided that the Commission may consider a complaint if such language is removed;
(c)is the subject of a dispute before a court  of law, tribunal, any statutory body, any body with internal dispute resolution mechanisms, or settled between the parties, or in which there is a judgment on the issues in the complaint or finding of such court of law, tribunal, statutory body or other body: Provided that the Commission may consider any complaint regarding the process and manner in which the hearing is conducted at such court of law, tribunal, statutory body or other body and if such complaint amounts to a violation of a fundamental right, it must be dealt with in terms of the Act and these Procedures;
(d)is an anonymous complaint, subject to the provisions of article 8 of these Procedures: Provided that the Commission may on its own accord make enquiries to ascertain the alleged violation of a fundamental right and, upon verification, the Commission may deal with the complaint in terms of the Act and these Procedures;
(e)is viewed to be frivolous, misconceived, unwarranted, incomprehensible, and manifestly incompatible with fundamental rights or does not comply with the provisions of the Act and these Procedures; or
(f)is lodged after the expiry of a period of three years from the dote upon which on alleged violation of a fundamental right occurred, subject to the provisions of article ll of these Procedures.