South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)RegulationsRegulations for the Staff of the Human Rights Commission, 1996Chapter I : General Provisions1. Definitions |
| (1) | In these regulations any expression to which a meaning has been assigned in the Act, shall have that meaning, and unless the context otherwise indicates— |
with regard to any qualification or experience, means a qualification or the experience determined by the chief executive officer in consultation with the chairperson of the Commission, having regard to the job content of a specific post;
"calendar month"
means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year;
"chief executive officer"
means the director appointed under section 16(1) of the Act;
"headquarters"
means the city, town or place where the principal duties of the member of staff are or have to be performed, or which has been designated by the chief executive officer as his or her headquarters;
"household"
means—
| (a) | the spouse of a member of staff; |
| (b) | the member of staff's or the spouse of the member of staff's necessarily dependent child who is bona fide resident with such member of staff: Provided that if such child studies at an institution for post-school education, whether intramurally or extramurally, he or she shall be deemed to be a member of the household, but only— |
| (i) | if he or she did not after leaving school take up any permanent full-time employment (including any type of vocational training to which remuneration is attached), excluding work during vacations or temporary full-time employment which he or she had taken up between leaving school and the commencement of the academic year, and he or she had commenced his or her studies at such an institution at the commencement of the academic year following the completion of his or her schooling; and |
| (ii) | until— |
| (aa) | he or she attains the minimum post-school qualification (or minimum combination of post-school qualifications) that will enable him or her to take up employment in the field of study for which he or she originally intended to qualify himself or herself; or |
| (bb) | the normal prescribed period of study, as prescribed by the institution concerned for the course of study, plus one academic year, expires if it takes him or her longer than such prescribed period to attain the relevant qualification as a result of poor academic performance; or |
| (cc) | he or she discontinues the course of study concerned; or |
| (dd) | he or she changes his or her course of study, |
whichever of the said events occurs first;
| (c) | a relative of the member of staff or the spouse of the member of staff who is permanently resident with him or her and is necessarily dependent on him or her and whose income, from any source, does not exceed the sum of— |
| (i) | the appropriate maximum basic social pension as prescribed by regulations made under— |
| (aa) | the Social Pensions Act, 1973 (Act No. 37 of 1973); or |
| (bb) | any other social pensions Act which is applicable in the Republic of South Africa; as well as |
| (ii) | the maximum allowance for a war veteran to whom a veteran's pension has been awarded in terms of the War Veterans' Pensions Act, 1968 (Act No. 25 of 1968); as well as |
| (iii) | the maximum allowance paid to a person as a result of a late application for a social or veteran's pension referred to in subparagraph (i) and (ii), |
and, if the relative concerned is a social pensioner or war veteran pensioner, any allowances other than those referred to in subparagraphs (i) to (iii) above, which he or she receives in terms of the relevant regulations referred to above should be ignored for the purposes of this paragraph: Provided that where two relatives so reside with him or her and are dependant on him or her and where the one relative would normally have been a dependant of the other relative, both such relatives may be regarded as members of his or her household only if half of their joint income, from any source, does not exceed the sum of the maximum basic social pension and veteran's pension and the allowances contemplated in paragraphs (i) to (iii) above; and
| (d) | not more than two domestic workers (including nursemaids) employed in a full-time capacity by the member of staff; |
"month"
means a period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days inclusive;
"staff" or "member of staff"
means the members of staff appointed in terms of section 16(1)(a) of the Act and, subject to subregulation (3), except where it is clearly inappropriate, also the chief executive officer;
"supervisor"
means a member of staff appointed by the chief executive officer to a position of authority over another member or other members of staff; and
"the Act"
means the Human Rights Commission Act, 1994 (Act No. 54 of 1994).
| (2) | The powers conferred and the duties imposed upon the chief executive officer by or under the provisions of these regulations, excluding regulations 5, 13(4) and (5), 18, 19 and 20 and paragraphs 47 and 48 of Part 3 of Schedule B, may be exercised or performed by a member of staff exercising the said provisions under the control, direction or supervision of the chief executive officer, in which case they shall be deemed to have been exercised or performed by the chief executive officer. |
| (3) | Whenever a provision in these regulations in relation to a member of staff confers a power, imposes a duty or entrusts a function to the chief executive officer, that provision shall, if the power, duty or function concerned is to be exercised or performed in relation to the chief executive officer, be construed in such a way that the power, duty or function concerned shall be exercised or performed by the chairperson or deputy chairperson of the Commission. |