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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Regulations

Broad-Based Black Economic Empowerment Regulations, 2016

Regulating the Administration and Implementation of the Broad-Based Black Economic Empowerment Act and the Functions of the Commission

Part 4 - Complaint Process

17. Multiple complaints

 

(1) At any time after a complaint has been initiated by the Commission, or submitted by another person, the Commission may publish a notice disclosing an alleged contravention and inviting any person who believes that the alleged practice has affected or is affecting a material interest of that person to file a complaint in respect of that matter.

 

(2) The Commission may consolidate or join two or more complaints under a common investigation if they concern the same person as potential respondent.

 

(3) If the Commission consolidates two or more complaints as permitted by subregulation (2)—
(a) each of those complaints must continue to be separately identified by its own complaint number;
(b) each person who submitted one of those complaints to the Commission remains the complainant with respect to the complaint that they submitted; and
(c) after making a decision to investigate one of those consolidated complaints, or issuing a notice that an investigation is not warranted, the Commission may continue to investigate any of the remaining consolidated complaints, subject to notifying the complainant and provided, the one year period of investigation has not lapsed.
(d) where the period to investigate has lapsed, the Commission must—
(i) send a notification to the complainant indicating the lapse of time;
(ii) request the complainant to extend the investigation period further by completing the prescribed FORM B-BBEE 21, within thirty (30) days; and
(iii) continue to investigate the matter as though it has initiated the investigation, where the complainant is unable or refuses to grant the extension.