See sections 170 (1)(d) and 173
| (1) |
If, at any time before concluding its consideration of a complaint, the Commission believes that the respondent may be prepared to agree terms of a proposed order, the Commission may— |
| (a) |
notify the complainant, in writing, that a consent order may be recommended; and |
| (b) |
invite the complainant to inform the Commission in writing within 10 business days after receiving that notice— |
| (i) |
whether the complainant is prepared to accept damages or an alternative remedy under such an order; and |
| (ii) |
if so, the amount of damages claimed or particulars of the alternative remedy. |
| (2) |
If the Commission and the respondent agree the terms of an appropriate order, the Commission must— |
| (a) |
refer the complaint to the High Court in accordance with its Rules; |
| (b) |
attach to the referral— |
| (i) |
a draft order in a form consistent with the High Court Rules, and— |
| (aa) |
setting out each section of the Act or of a company's Memorandum of Incorporation or Rules that has been contravened; |
| (bb) |
setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and |
| (cc) |
signed by the Commission and the respondent indicating their consent to the draft order; and |
| (ii) |
a Consent to Order in Form CoR 138, completed by the complainant, if applicable; and |
| (c) |
serve a copy of the referral and draft order on the respondent and the complainant. |
| (3) |
The Commission must not include an order of damages in a draft consent order unless the complainant expressly consented that order for damages in Form CoR 138. |
| (4) |
A draft consent order may be submitted to the Court in terms of section 173 and this Rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft order. |
Older Persons Act, 2006
