| (1) |
In addition to any other powers and functions conferred on or assigned to it by section 184(1), (2) and (3) of the Constitution, this Act or any other law and in order to achieve its objects— |
| (a) |
the Commission is competent and is obliged to— |
| (i) |
make recommendations to organs of state at all levels of government where it considers such action advisable for the adoption of progressive measures for the promotion of human rights within the framework of the Constitution and the law, as well as appropriate measures for the further observance of such rights; |
| (ii) |
undertake such studies for reporting on or relating to human rights as it considers advisable in the performance of its functions or to further the objects of the Commission; and |
| (iii) |
request any organ of state to supply it with information on any legislative or executive measures adopted by it relating to human rights; and |
| (i) |
must develop, conduct or manage information programmes and education programmes to foster public understanding and awareness of Chapter 2 of the Constitution, this Act and the role and activities of the Commission; |
| (ii) |
must as far as is practicable maintain close liaison with institutions, bodies or authorities with similar objectives to the Commission in order to foster common policies and practices and to promote co-operation in relation to the handling of complaints in cases of overlapping jurisdiction or other appropriate instances; |
| (iii) |
must liaise and interact with any organisation which actively promotes respect for human rights and other sectors of civil society to further the objects of the Commission; |
| (iv) |
may consider such recommendations, suggestions and requests concerning the promotion of respect for human rights as it may receive from any source; |
| (v) |
must review government policies relating to human rights and may make recommendations; |
| (vi) |
must monitor the implementation of, and compliance with, international and regional conventions and treaties, international and regional covenants and international and regional charters relating to the objects of the Commission; |
| (vii) |
must prepare and submit reports to the National Assembly pertaining to any such convention, treaty, covenant or charter relating to the objects of the Commission; and |
| (viii) |
must carry out or cause to be carried out such studies concerning human rights as may be referred to it by the President, and the Commission must include in a report referred to in section 18(1) a report setting out the results of each study together with such recommendations in relation thereto as it considers appropriate. |
(2)
| (a) |
The Commission may recommend to Parliament or any other legislature the adoption of new legislation which will promote respect for human rights and a culture of human rights. |
| (b) |
If the Commission is of the opinion that any proposed legislation might be contrary to Chapter 2 of the Constitution or to norms of international human rights law which form part of South African law or to other relevant norms of international law, it must immediately report that fact to the relevant legislature. |
(3) The Commission is competent—
| (a) |
to investigate on its own initiative or on receipt of a complaint, any alleged violation of human rights, and if, after due investigation, the Commission is of the opinion that there is substance in any complaint made to it, it must, in so far as it is able to do so, assist the complainant and other persons adversely affected thereby, to secure redress, and where it is necessary for that purpose to do so, it may arrange for or provide financial assistance to enable proceedings to be taken to a competent court for the necessary relief or may direct a complainant to an appropriate forum; and |
| (b) |
to bring proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons. |
| (4) |
All organs of state must afford the Commission such assistance as may be reasonably required for the effective exercising of its powers and performance of its functions. |
National Small Business Act, 1996 (Act 102 of 1996)
