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

23. Regulations

 

(1) The Minister may, after the Commission has made a recommendation, make regulations regarding the following matters in relation to the members of staff:
(a)
(i) The requirements for discharge and disciplinary steps; and
(ii) the  procedure  and  manner  of  and  criteria  for  evaluation,  and  the conditions or requirements for the purposes of promotion;
(b) the powers, duties, conduct and discipline;
(c) the creation of posts on the establishment of the Commission;
(d) the training of members of staff, including financial assistance for such training;
(e) a code of conduct to be complied with by members of staff;
(f) subject to section 21, the legal liability of any member of staff in respect of any act done in terms of this Act or any other law and the legal liability emanating from the use of official transport;
(g) the circumstances under which and the conditions and manner in which a member of staff may be found to be guilty of misconduct, or to be suffering from continued ill-health, or of incapacity to carry out his or her duties of office efficiently;
(h) the procedure for dealing with complaints and grievances of members of staff and  the manner in which and time when or period wherein and person to whom documents in connection with requests and communications of such members of staff must be submitted;
(i) the membership or conditions of membership of a particular pension fund and the contributions to and the rights, privileges and obligations of members of staff or their dependants with regard to such a pension fund;
(j) the membership or conditions of membership of a particular medical aid scheme or medical aid society and the manner in and the conditions on which membership fees and other monies which are payable or owing by or in respect of members of staff or their dependants, to a medical aid scheme or medical aid society, may be recovered from the salaries of such members of staff and paid to such medical aid scheme or medical aid society;
(k) the contributions to and the rights, privileges and obligations of members of staff or their dependants with regard to such a medical aid scheme or medical aid society; and
(l) in general, any matter, other than a matter relating to the regulation of the terms and conditions of service of members of staff, which is not in conflict with the Constitution or this Act and which the Minister considers reasonably necessary or expedient to prescribe in order to achieve an efficient administration.

 

(2) Any regulation made under this section—
(a) relating to state expenditure, must be made in consultation with the Minister of Finance; and
(b) must, after publication thereof in the Gazette, be submitted to the National Assembly.