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

Notices

Determination of procedure in conducting an investigation

Complaints Handling Procedures

Article 5 - Accepted Complaints
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5.1The Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission or any duly authorised member of the Legal Services Programme of the Commission shall, after determining that the complaint does constitute a prima facie violation of a fundamental right, determine the procedure to be adopted by the Commission in dealing with the complaint.

 

5.2Such a determination will be made taking into account the mandate of the Commission and may include but not be limited to mediation, negotiation, conciliation, hearings and litigation.

 

5.3The Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission may at any stage determine that a complaint be investigated, in which case:
5.3.1Any member of the Legal Services Programme of the Commission authorised in writing by a Commissioner of the Commission, may exercise any of the powers referred to in section 9(1)(b) of the Act;
5.3.2Any member of the Legal Services Programme of the Commission may issue a notice to the Respondent to attend meetings in pursuance of the investigation in consultation with and under the hand of a Commissioner in terms of section 9(1)(c) of the Act; or
5.3.3Any member of the Legal Services Programme of the Commission authorised by a Commissioner of the Commission, may exercise any of the powers referred to in section 10 of the Act.
5.3.4The member of the Legal Services Programme of the Commission who is required to act in terms of provisions 5.3.1, 5.3.2 and 5.3.3 supra shall provide the Head of Legal Services Programme with a report from time to time detailing the outcome of any investigation.
5.3.5The outcome of any investigation or hearing in terms of articles 5.3.1, 5.3.2 and 5.3.3 supra will be made known to the complainant and the respondent within 90 (NINETY) days of receipt of the complaint. The Commission may publish such outcome in the media.
5.3.6Where any of the time limits prescribed in articles 5.3.1, 5.3.2 and 5.3.3 supra cannot for whatever reason be met then in that case the complainant shall be advised of same accordingly accompanied by reasons for such failure.
5.3.7Nothing stated herein shall be inconsistent with the Act.

 

5.4In the event of one or more of the processes referred to in article 5.3 supra failing to resolve the dispute the Head of the Legal Services Programme may in consultation with the Legal Committee decide on other ways of resolving same, which are not inconsistent with the Act, these Procedures or the Constitution.

 

5.5The decision by the Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission to adopt any process referred to in article 5.3 supra shall not be open to appeal.