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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 9 : Appeals

35. Format and procedure of appeals

 

(1) An appeal contemplated in article 34(1) of these Procedures, must be in writing and must be on a form which substantially corresponds with the form provided for in Annexure B to these Procedures.

 

(2) Upon receipt of an appeal, the member of staff, as duly designated, must, within three days of receipt of the appeal, record such appeal in the Register of Appeals and allocate a reference number to the appeal with a consecutive number for the year during which it is received.

 

(3) The member of staff, as duly designated, must, within 14 days of receipt of the appeal, acknowledge receipt thereof and advise the appellant of the reference number allocated to the appeal.

 

(4) The member of staff, as duly designated, must, within three days of receipt of the appeal, notify the Provincial Manager of the Provincial Office from which the appeal originated, of the appeal and request that the relevant file be submitted to the Chairperson or Chief Operations Officer; as the case may be, within 14 days.

 

(5) The Provincial Manager must, within 14 days of being requested to do so by the Chief Operations Officer or Chairperson, as the case may be, provide written reasons regarding the determination, decision or finding that is the subject of the appeal.

 

(6) If the Chairperson or Chief Operations Officer, as the case may be, is satisfied that the appeal should be dismissed, he or she must, within 45 days of receipt of all information required to finalise the appeal, including the file referred to in subarticle (4), finalise the appeal and inform the appellant of the decision to reject the appeal, within seven days, giving reasons therefor and advising the appellant of his or her right to judicial review, in writing.

 

(7) If the Chairperson or Chief Operations Officer, as the case may be, is satisfied that the appeal should be upheld, he or she must, within 45 days of receipt of all information required to finalise the appeal, including the file referred to in subarticle (4), finalise and inform the appellant of the decision to uphold the appeal, within seven days, and must advise the other party and the Provincial Manager of the Provincial Office from which the appeal originated accordingly, in writing.

 

(8) Where any of the prescribed time limits in this article cannot be met, the Chairperson or Chief Operations Officer, as the case may be, must, within seven days of the expiry of the prescribed time frames, inform the appellant accordingly and provide reasons.