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

Notices

South African Human Rights Commission Complaints Handling Procedures

Chapter 7 : Conducting of Hearings

22. Notice of hearing

 

(1) The Panel may, under the hand of a member of the Commission issue a summons, to be delivered by a sheriff or member of staff of the Commission to any person—
(a) who is believed to be able to furnish any information on the subject of the investigation, or to have possession or control of any book, document or other object that has o bearing on the matter;
(b) to appear before the Panel to be questioned at a time and place specified in the summons; or
(c) to deliver or produce to the Panel any book, document or other object that has a bearing on the matter at a time and place specified in the summons.

 

(2) The matter must be set down for a hearing at least 30 days after the publication of a notice on the Commission's website outlining the terms of reference of the hearing: Provided that if the Chairperson of the Panel, in consultation with the parties, the relevant Provincial Manager and the Steering Committee, determines that the matter is urgent, the hearing may be held on seven days written notice to the parties.

 

(3) The notice must contain the following information—
(a) the place where the hearing will be held;
(b) the time and date of the hearing;
(c) the aspects in respect of which evidence will be required;
(d) the names of the other persons who will attend the hearing and give evidence;
(e) an invitation to the parties to bring any person who has personal knowledge about the matters in respect of which evidence is to be given, to the hearing;
(f) an indication whether or not a person who will attend the hearing must bring any article or document to the hearing; and
(g) any other information which the Chairperson of the Panel deems fit.

 

(4) The Chairperson of the Panel must keep record of the proof of delivery contemplated in subarticle (1).

 

(5) The Chairperson of the Panel may, on request of the parties, issue a notice contemplated in subarticle (1) to any witness required to attend the hearing in which case subarticles (2), (3) and (4) apply with such changes as may be required by the context.

 

(6) The Chairperson of the Panel may, on its own accord, issue o notice contemplated in subarticle (1) to any person in possession of any information relevant to the matter to appear at the hearing in which case subarticles (2), (3) and (4) apply with such changes as may be required by the context.