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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 3 : Lodging Complaints

11. Late lodging of a complaint

 

(1) The Provincial Manager may, on good cause shown, grant condonation to a complainant to lodge a complaint with the Provincial Office after the expiry of three years from the occurrence of the alleged violation of a fundamental right: Provided that if the Provincial Manager is unable to determine whether the complaint should be accepted by the Commission despite the delay, the complaint, together with a report and recommendations should, within ten days of receipt of the complaint, be referred to the Steering Committee for consideration.

 

(2) A complainant who wishes to lodge a complaint contemplated in subarticle (1) must, on request of the Provincial Manager, in writing or orally, subject to the provisions of article 9(2) of these Procedures, provide the following information—
(a) the reasons for the delay in lodging the complaint;
(b) indicate whether the refusal to investigate the complaint will cause prejudice to the complainant, any other person, group or class of persons, association, organisation or organ of state;
(c) indicate whether, to his or her knowledge, the complaint has not been resolved;
(d) indicate whether, to his or her knowledge, the complaint is ongoing;
(e) indicate whether, to his or her knowledge, a practical remedy for or solution to the complaint is available; and
(f) any other relevant information that the complainant may regard as special circumstances as to why the complaint should be investigated.