South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesDetermination of procedure in conducting an investigationComplaints Handling ProceduresArticle 4 - Complaints that the Commission shall not deal with |
| 4.1 | The Commission may reject any complaint, which is— |
| 4.1.1 | 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 fundamental rights that is reported in the media or obtained from any source; and upon verification, such alleged violation shall be dealt with in terms of the Act and these Procedures; |
| 4.1.2 | couched in language that is abusive, insulting, rude or disparaging, provided that the Commission may consider a complaint if such language is removed; |
| 4.1.3 | 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 judgement on the issues in the complaint or finding of such court of law, tribunal or statutory body, provided that the Commission may consider any complaint regarding the process and manner in which the hearings are conducted at such court of law, tribunal or statutory body and if such complaint amounts to a violation of fundamental rights; |
| 4.1.4 | an anonymous complaint, provided that the Commission may in its discretion make enquiries to ascertain the allegations of possible human rights violations and if ascertained, it may deal with the complaint in terms of the Act and these Procedures. Notwithstanding what has been stated aforesaid the Commission may consider a complaint in which the complainant requests to keep his or her identity confidential; |
| 4.1.5 | is viewed to be frivolous, misconceived, unwarranted, incomprehensible, and manifestly incompatible with fundamental rights or does not comply with the provisions of these regulations; or |
| 4.1.6 | unattended due to the conduct of the complainant in failing to respond to the Commission's request for information or documents in terms of a written request to do so by the Legal Services Programme of the Commission within a period of 1 (ONE) calendar month of transmitting such request, provided that on good cause shown by the complainant, the complaint may be reinstated. The request shall be addressed to the last known address of the complainant. |
| 4.2 | If in the opinion of the Head of the Legal Services Programme, any of the duly authorised Provincial Managers of the Commission or any member of the Commission who has been duly delegated to do so, the complaint does not fall within the jurisdiction of the Commission, or could be dealt with more effectively or expeditiously by another organisation, statutory body or institution created by the Constitution or any other piece of legislation it shall within 7 (SEVEN) days refer the complainant to such an appropriate body and; |
| 4.2.1 | shall be entitled to request and receive periodic reports on the status of such referred complaint if it is of the view that the complaint constitutes a prima facie violation of, or a threat to, a fundamental right; or |
| 4.2.2 | if it is of the view that the complaint does not constitute a prima facie violation of, or a threat to, a fundamental right shall close the complainant's file accordingly. |