South African Human Rights Commission Act, 2013 (Act No. 40 of 2013) Notices Determination of procedure in conducting an investigation Complaints Handling Procedures Article 1 - Definitions

 

In these procedures, any word or expression to which a meaning has been assigned in the Act, shall have that meaning unless assigned another meaning in these procedures and unless the context indicates otherwise -

 

The South African Human Rights Commission Act No. 54 of 1994 (as amended);

 

 

A preliminary decision made by the Head of the Legal Services Programme or any member of the Legal Services Programme who has been delegated the said task regarding a complaint submitted to the Commission to determine whether the complaint falls within the jurisdiction of the Commission and whether, prima facie, it constitutes a possible violation of a fundamental right. Assess, assessing and screening shall have corresponding meanings;

 

The Chairperson of the Commission referred to in the Act or a person duly authorised by the Chairperson;

 

The South African Human Rights Commission established by section 184 of the Constitution;

 

A communication addressed to the Commission or which the Commission observes in the media alleging conduct or omissions, which constitutes a prima facie violation of a fundamental right;

 

Person, group or class of persons, organisation and/or association as defined in article 2 of these procedures and whose fundamental rights, it is alleged, have been violated or threatened;

 

A process through which parties in dispute use the services of a third person to assist in bringing the parties together in an effort to ascertain the facts of the case and to effect a mutually acceptable solution;

 

Constitution of the Republic of South Africa, Act No. 108 of 1996 (as amended);

 

Shall mean any calendar day excluding weekends and public holidays;

 

A conclusion reached or determination made or resolution taken regarding a complaint;

 

A statement or document containing the full reasoning of the decision reached by the Commission, after an investigation of a complaint or an inquiry or a hearing of allegations of violation of fundamental rights;

 

Any right contained in Chapter 2 of the Constitution;

 

Seat of the Commission as determined by the President of the Republic of South Africa under section 2 of the Act;

 

are those matters that represent a particular level of institutional and operational risk to the Commission;

 

An investigation as envisaged in terms of section 9 of the Act and shall include all steps taken by the Commission;

 

The power of a court to review an official decision for constitutionality or for the violation of basic principles of justice;

 

The Legal Committee shall be a committee tasked to assist or provide guidance to the Legal Services Programme in the handling high risk complaints and shall consist of the following members, namely:

 

A reasoned position reached or a statement of reasons for reaching a conclusion after an assessment of a complaint and application of the law to the facts of a complaint;

 

The programme of the Commission which has the primary function of handling complaints;

 

Litigation as envisaged by section 7(1)(e) of the Act;

 

Process through which the parties in dispute use the services of a third person who controls the process without having any influence on the content, to help resolve a dispute or produce an agreement or conciliation, which dispute shall only be mediated if both parties have mutually agreed to such mediation in writing;

 

The reaching of an agreement through discussion and compromise;

 

As envisaged by article 6.8 below, shall consist of no less than:

 

Save for article 1.24.3 person shall mean both a natural as well as a juristic person;

 

An enquiry as envisaged in article 10 of the Regulations;

 

The person who receives and records complaints;

 

The person, group or class of persons, organ of state, association or organisation whom it is alleged violated or threatened to violate a fundamental right; and

 

An enquiry as contemplated in terms of section 9(1)(c) of the Act.