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

Notices

Determination of procedure in conducting an investigation

Complaints Handling Procedures

Article 3 - Receiving and Recording of Complaints
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3.1Any complaint submitted to the Commission for consideration shall be submitted in writing and shall be accompanied by all relevant supporting documents that substantiate the complaint: Provided that such documents may be furnished to the Commission or a member of the staff of the Commission at a later stage but before a finding is made.

 

3.2A member of the Commission's staff may assist any person who is unable to reduce the complaint in writing to do so and the Commission may at any stage require that the complaint be made under oath or affirmation.

 

3.3Save for those complaints that are received by post or by electronic mail, same shall be lodged on the prescribed form.

 

3.4Upon receipt of the complaint the Registrar shall ensure that a reference number has been allocated to the complaint and that such complaint has been recorded in the Register of Complaints.

 

3.5The Registrar will acknowledge receipt of the complaint within 14 (FOURTEEN) days and advise the complainant of the reference number allocated to the complaint.

 

3.6Complaints may be lodged at the Head Office or at any Provincial Office of the Commission in whose jurisdiction the complaint arose.

 

3.7The Head Office shall handle complaints from those provinces in which there is no Provincial Office and any complaint submitted to an incorrect office of the Commission shall be duly forwarded within 7 (SEVEN) days to the correct office and the complainant shall be notified thereof.

 

3.8The complaint shall be lodged no later than three years after the complainant had notice of the violation or could reasonably be deemed to have notice thereof, provided that the Commission may, on good cause shown grant condonation for non-compliance with this article.

 

3.9There shall be no charge for the handling of all complaints.

 

3.10All complaints received and recorded by the Registrar, shall within 3 (THREE) days be allocated to a member of the Legal Services Programme of the Commission who has been tasked with screening and assessing complaints.

 

3.11The screening and assessing of the complaint shall be done in consultation with the Head of the Legal Services Programme or any of the duly authorised Provincial Manager of the Commission or by any member of the Legal Services Programme who has been delegated the said task and shall complete such screening and assessing within 7 (SEVEN) days of being duly allocated therewith.

 

3.12If the Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission or any member of the Legal Services Programme who has been duly delegated the task of screening and assessing complaints is satisfied that the complaint should be rejected or referred it shall within the 7 (SEVEN) days referred to in article 3.11 supra and subject to the proviso stated in article 4.2 below inform the Complainant in writing of the decision taken by the Commission to reject or refer the complaint, giving full reasons therefore and advising the complainant of his or her right of appeal the said decision to reject or refer the complaint in terms of article 8 hereof.

 

3.13If the Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission or any member of the Legal Services Programme who has been duly delegated the task of screening and assessing complaints is satisfied that the complaint does constitute a prima facie violation of a fundamental right, it shall forward the complaint to the Registrar who shall within the 7 (SEVEN) days referred to in article 3.11 supra inform the complainant in writing of the decision taken by the Commission to accept the complaint and shall advise the complainant of the reference number allocated to the complaint.

 

3.14Where any of the time limits prescribed in articles 3.5, 3.7, 3.10, 3.11, 3.12 and 3.13 supra cannot for whatever reason be met then in that case the complainant shall be advised of same accompanied by reasons for such failure.