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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 8 - Appeals

 

8.1 An appeal in terms of these Procedures shall be in writing and shall be lodged within 45 (FORTY FIVE) days from date of posting, delivering, faxing or emailing the rejection, referral or finding. Appeals lodged after the period referred to above may still be considered provided that the complainant has showed good reason for such failure to lodge within the time limits prescribed.

 

8.2 An appeal shall be lodged at the Chairperson of the Commission.

 

8.3 One or more Commissioners may assist the Chairperson in the task of considering the appeal.

 

8.4 Upon receipt of the appeal the Chairperson or any member of staff duly authorised to do so shall ensure that a reference number has been allocated to the appeal and that such appeal has been recorded in the Register of Appeals.

 

8.5 The Chairperson or any member of staff duly authorised to do so will acknowledge receipt of the appeal within 14 (FOURTEEN) days and advise the complainant of the reference number allocated to the appeal.

 

8.6 If the Chairperson or any member of staff duly authorised to do so is satisfied that the appeal should  be rejected, he or she shall within 45 (FORTY FIVE) days inform the complainant in writing of the decision taken by the Chairperson or the said member of staff duly authorised, to reject the appeal, giving reasons  therefore and advising the complainant of his or her right of judicial review.

 

8.7 If the Chairperson or any member of staff duly authorised to do so is satisfied that the appeal should be upheld, he or she shall within 45 (FORTY FIVE) days inform the complainant in writing of the decision taken by the Chairperson or the said member of staff duly authorised, to uphold the appeal and shall advise the complainant, the Head of the Legal Services Programme and any of the duly authorised Provincial Managers of the Commission should the appeal have originated from one of the Provincial Offices of the Commission.

 

8.8 Where any of the time limits prescribed in articles 8.5, 8.6 and 8.7 supra cannot for whatever reason be met then in that case the complainant shall be advised of same accordingly accompanied by reasons for such failure.

 

8.9 The Head of the Legal Services Programme shall, within 30 (THIRTY) days of being requested to do so by the Commissioner, or Commissioners as the case may be, tasked to handle the appeal, provide the said Commissioner or Commissioners with additional reasons in writing for the decision taken that is the subject of the appeal.

 

8.10 Notwithstanding the above any appeal emanating from a high profile complaint shall not be dealt with by the Chairperson but by any other 2 (TWO) Commissioners who do not form part of the Legal Committee.