National Small Business Act, 1996 (Act 102 of 1996)
R 385
South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)NoticesSouth African Human Rights Commission Complaints Handling ProceduresChapter 6 : Resolution of Complaints16. General provisions relating to resolving complaints |
| (1) | The Provincial Manager or any member of staff, as duly designated, may resolve a complaint by applying a combination of one or more methods of dispute resolution or by any other means appropriate in the circumstances. |
(2)
| (a) | If any party fails to attend conciliation, negotiotion or mediation proceedings, or fails to come to on agreement after such proceedings, the Provincial Manager or any member of staff, as duly designated, may resolve the matter in any appropriate method and take any action provided for in the Act and these Procedures. |
| (b) | In deciding on an appropriate method of resolving the matter as contemplated in paragraph (a), the Provincial Manager or any member of staff, as duly designated, must toke into account— |
| (i) | whether the party has previously failed to co-operate with the proceedings of the Commission; |
| (ii) | any reason given for that party's failure to attend the proceedings or to co-operate; |
| (iii) | whether the proceedings can continue effectively in the absence of that party; |
| (iv) | the impact of the decision of the Provincial Manager or any member of staff, as duly designated, on the other party; |
| (v) | whether or not the party has been properly notified of the date, time and place of the proceedings; and |
| (vi) | any other relevant factor the Provincial Manager or any member of staff, as duly designated, may deem fit. |
| (3) | Once the parties reach an agreement after conclusion of conciliation, negotiation or mediation proceedings, the Provincial Manager or any member of staff, as duly designated, must ensure that such agreement is reduced to writing and signed by the parties within three days after resolving the complaint. |
| (4) | The Provincial Manager or any member of staff, as duly designated, may, on request of a party to the proceedings or by agreement of the parties to the proceedings, make a determination on the disclosure of relevant documents. |
(5)
| (a) | The Provincial Manager or any member of staff, as duly designated, may dismiss a complaint if the complainant— |
| (i) | fails to participate in the conciliation, negotiation or mediation proceedings; or |
| (ii) | fails to attend any of the proceedings. |
| (b) | The Provincial Manager or any member of staff, as duly designated, must, within seven days of the dismissal, notify the parties thereof and the reasons therefor, in writing. |
