Special Investigating Units and Special Tribunals Act, 1996
R 385
South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 10 : General Provisions42. Institution of legal proceedings |
(1)
| (a) | The Commission may institute legal proceedings in a competent court or tribunal, as contemplated in section 7(1)(e) of the Act, in its own name, or on behalf of a person or a group or class of persons at any stage after a complaint contemplated in article 3 is received. |
| (b) | The Commission may institute legal proceedings in a competent court or tribunal, as contemplated in section 7(1)(e) of the Act, in its own name, or on behalf of a person or a group or class of persons at any stage after an investigation contemplated in article 13 is conducted. |
| (c) | The Commission may institute legal proceedings in its own name, or on behalf of a person or a group or class of persons as contemplated in section 20(1)(f) of PEPUDA. |
| (2) | If the Provincial Manager is of the view that legal proceedings should be instituted, a substantiated recommendation, including the particulars of the parties and nature of the alleged violation of a fundamental right, must as soon as reasonably possible be submitted to the Steering Committee. |
| (3) | The Steering Committee must, within seven days of receipt of the recommendation as contemplated in subarticle (2), in consultation with the Chief Financial Officer, make a finding whether legal proceedings should be instituted. |
| (4) | The Steering Committee must, within three days of its finding, refer the matter to the Chief Executive Officer or any member of staff, as duly designated, for the institution of legal proceedings. |
| (5) | The Steering Committee must, within seven days of its finding, inform the Provincial Manager and complainant of the finding, in writing. |
