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

Notices

Determination of procedure in conducting an investigation

Complaints Handling Procedures

Article 6 - Public Hearings

 

6.1 The Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission may in consultation with any relevant stakeholders, refer the complaint to the Commission for a hearing, which may be public. Such a hearing shall be in terms of section 9 of the Act.

 

6.2 The Head of the Legal Services Programme or any of the duly authorised Provincial Managers of the Commission may in consultation with any relevant stakeholders determine that a class of complaints be handled together.

 

6.3 The Respondent shall be provided with a copy of the complaint and any other information relevant thereto. In the case of an investigation in terms of the proviso to article 4.1.1 supra, as much information as possible about the media report shall be provided to the Respondent.

 

6.4 Complainants and respondents may request the Commission, in terms of section 9(1)(c) of the Act to notify in writing any witness who is reluctant to appear on their behalf, to appear at the hearing and to produce all information which, in the opinion of the Head of the Legal Services Programme is relevant to the hearing.

 

6.5 The hearing shall be set down on a day that is at least 30 (THIRTY) days after the publication of the notice in a national newspaper outlining the terms of reference of the hearing. However, if the Head of the Legal Services Programme in consultation with any relevant stakeholders determines that the matter is urgent, the hearing may be held on 7 (SEVEN) days written notice to the parties.

 

6.6 The Respondent shall within 14 (FOURTEEN) days, and in the case of urgent matters referred to in article 6.5 supra, within 4 (FOUR) days after the delivery of the publication of the notice outlining the terms of reference of the hearing, deliver in writing a reply to the complaint and in the event of the Respondent failing to deliver such a response the matter may be set down for a hearing without such response.

 

6.7 The Commission may request any person in possession of any information relevant to the hearing to appear at the hearing or to submit written statements to the Commission.

 

6.8 The Panel shall preside over the hearing.

 

6.9 The Chairperson at the hearing shall at the commencement of the hearing inform all persons appearing before it of the nature of the complaint and the purpose of the hearing.

 

6.10 The Panel and/or any member of the Legal Services Programme dealing with the complaint may put any questions relating to the purpose of the hearing to witnesses, and require such persons to answer such questions and to produce articles or information relevant to the purpose of the hearing.

 

6.11 Any person appearing before the panel shall be entitled to be represented by another person, including a legal representative, who shall be entitled to peruse all documentation in the possession of the Commission relevant to the purpose of the hearing and to cross-examine witnesses.

 

6.12 The panel shall afford any person who has been implicated in the matter before it, an opportunity to appear as a witness and such person shall have the same rights and obligations referred to in articles 6.9 and 6.10 supra.

 

6.13 The hearings shall be open to the public unless the panel determines that the public disclosure of evidence would:
6.13.1 prejudice the successful conduct of the hearings;
6.13.2 threaten the security of any person involved in the hearing; or
6.13.3 frustrate the successful functioning of the Commission.

 

6.14 The finding of the panel at a hearing shall be final and binding on the parties and on the Commission and both the majority and the minority finding shall be made public.

 

6.15 The panel shall bear the responsibility of compiling and writing the report of the hearing.