| (1) |
Subject to the provisions of this Act, the Commission has the power, on its own initiative or on receipt of a complaint in the prescribed form, to investigate any matter arising from the application of the Act, including any B-BBEE initiative or category of B-BBEE initiatives. |
| (2) |
The format and the procedure to be followed in conducting any investigation must be determined by the Commission with due regard to the circumstances of each case, and may include the holding of a formal hearing. |
| (3) |
Without limiting the powers of the Commission, the Commission may make a finding as to whether any B-BBEE initiative involves a fronting practice. |
| (4) |
The Commission may institute proceedings in a court to restrain any breach of this Act, including any fronting practice, or to obtain appropriate remedial relief. |
| (5) |
If the Commission is of the view that any matter it has investigated may involve the commission of a criminal offence in terms of this Act or any other law, it must refer the matter to the National Prosecuting Authority or an appropriate division of the South African Police Service. |
| (6) |
The Commission may, if it has investigated a matter and justifiable reasons exist, refer to— |
| (a) |
the South African Revenue Services any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that Service; or |
| (b) |
any regulatory authority any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that regulatory authority. |
(7)
| (a) |
The Commission may publish any finding or recommendation it has made in respect of any investigation which it had conducted in such manner as it may deem fit. |
| (b) |
A decision of the Commission to publish any finding or recommendation it has made may not be put into effect— |
| (i) |
before proceedings for the judicial review of the decision have been completed or were not instituted within the period allowed therefor; |
| (ii) |
if the Commission has referred the matter to the National Prosecuting Authority or the South African Police Service in terms of subsection (5), and no prosecution has been instituted against the person concerned; |
| (iii) |
if the person concerned has been prosecuted and acquitted following the investigation of the Commission; or |
| (iv) |
where the person concerned has been convicted by a court of law, following an investigation of the Commission, before such person has in respect of the conviction exhausted all recognised legal proceedings pertaining to appeal or review. |
[Section 13J inserted by section 8 of Act No. 46 of 2013]
Employment of Educators Act, 1998
