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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 6 : Resolution of Complaints

15. Method of resolving complaints

 

The Provincial Manager or any member of staff, as duly designated, must endeavour to resolve a complaint at the earliest possible opportunity in accordance with the manner provided for in the Act and these Procedures, including but not limited to the following—

(a) where insufficient information has been provided, request the complainant to provide further information as contemplated in article 13(2)(b);
(b) where sufficient information has been provided, send an allegations letter to the respondent and request a response as contemplated in article 13(3)(a);
(c) where all the required information is received, proceed with a negotiation and conciliation process, if necessary;
(d) where the complaint cannot be resolved by a negotiation and conciliation process, proceed with a mediation process;
(e) where the complaint cannot be resolved by a mediation process, proceed with a hearing process;
(f) at any stage institute legal proceedings in a competent court or tribunal as contemplated in section 7(1)(e) of the Act read with article 42; and
(g) at any stage institute legal proceedings as contemplated in section 20(1)(f) of PEPUDA.