Long title
To regulate matters incidental to the establishment of the Human Rights
Commission by the Constitution of the Republic of South Africa, 1993;
and to provide for matters connected therewith.
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[Act 1994_054_000 unamended wef 0000/00/00]
PREAMBLE
WHEREAS sections 115 up to and including 118 of the Constitution of the
Republic of South Africa, 1993 (Act No. 200 of 1993), provide for the
establishment of a Human Rights Commission; the appointment of the
members of the Commission; the conferring of certain powers on and
assignment of certain duties and functions to the Commission; the
appointment of a chief executive officer of the Commission; and the
tabling by the President in the National Assembly and the Senate of
reports by the Commission;
AND WHEREAS the Constitution provides that the Human Rights Commission
shall, inter alia, be competent and obliged to promote the observance
of, respect for and the protection of fundamental rights; to develop an
awareness of fundamental rights among all people of the Republic; to
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 fundamental rights within the
framework of the law and the Constitution; to undertake such studies
for report on or relating to fundamental rights as it considers
advisable in the performance of its functions; to request any organ of
state to supply it with information on any legislative or executive
measures adopted by it relating to fundamental rights; and to
investigate any alleged violation of fundamental rights and to assist
any person adversely affected thereby to secure redress;
AND WHEREAS the Constitution envisages further powers, duties and
functions to be conferred on or assigned to the Human Rights Commission
by law, and that staff of the Commission be appointed on such terms and
conditions of service as may be determined by or under an Act of
Parliament;
BE IT THEREFORE ENACTED by the Parliament of the Republic of South
Africa, as follows:-
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[Act 1994_054_000 Preamble unamended wef 0000/00/00]
1. Definitions
In this Act unless the context otherwise indicates-
(i)
"Chairperson" means
the chairperson of the Commission referred to in section 115(1) and (5)
of the Constitution; (viii)
(ii)
"Commission" means
the Human Rights Commission established by section 115(1) of the
Constitution;
(iii)
(iii)
"committee" means
a committee established under section 5;
(ii)
(iv)
"fundamental rights" includes
the fundamental rights contained in Chapter 3 of the Constitution;
(i)
(v)
"investigation" means
an investigation under section 9;
(iv)
(vi)
"organ of state" includes
any statutory body or functionary;
(vii)
(vii)
"premises" includes
land, any building or structure, or any vehicle, conveyance, ship,
boat, vessel, aircraft or container;
(v) and
(viii)
"private dwelling" means
any part of any building or structure which is occupied as a residence
or any part of any building or structure or outdoor living area which
is accessory to, and used wholly or principally for, the purposes of
residence.
(vi)
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[Act 1994_054_001 unamended wef 1995/09/15]
2. Seat of Commission
(1) The seat of the Commission shall be determined by the President.
(2) The Commission may establish such offices as it may consider
necessary to enable it to exercise its powers and to perform its duties
and functions conferred on or assigned to it by the Constitution, this
Act or any other law.
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[Act 1994_054_002 unamended wef 1995/09/15]
3. Term of office of
members of Commission
(1) The members of the Commission referred to in section 115(1) of the
Constitution may be appointed as full-time or part-time members and
shall hold office for such fixed term as the President may determine at
the time of such appointment, but not exceeding seven years: Provided
that not less than five members are appointed on a full-time basis:
Provided further that the President shall remove any member from office
if-
(a)
such removal is requested by a joint committee composed as contemplated
in section 115(3)(a) of the Constitution; and
(b)
such request is approved by the National Assembly and the Senate by a
resolution adopted by a majority of at least 75 per cent of the members
present and voting at a joint meeting.
(2)
The President may, in consultation with the Commission, appoint a
part-time member as a full-time member for the unexpired portion of the
part-time member's term of office.
(3) Any person whose term of office as a member of the Commission has
expired, may be reappointed for one additional term.
(4) A member of the Commission may resign from office by submitting at
least three months' written notice thereof to Parliament, unless
Parliament by resolution allows a shorter period in a specific case.
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[Act 1994_054_003 unamended wef 1995/09/15]
4. Independence and
impartiality
(1) A member of the Commission or a member of the staff of the
Commission shall serve impartially and independently and exercise or
perform his or her powers, duties and functions in good faith and
without fear, favour, bias or prejudice and subject only to the
Constitution and the law.
(2) No organ of state and no member or employee of an organ of state
nor any other person shall interfere with, hinder or obstruct the
Commission, any member thereof or a person appointed under section 5(1)
or 16(1) or (6) in the exercise or performance of its, his or her
powers, duties and functions.
(3) All organs of state shall afford the Commission such assistance as
may be reasonably required for the protection of the independence,
impartiality and dignity of the Commission.
(4) No person shall conduct an investigation or render assistance with
regard thereto in respect of a matter in which he or she has any
pecuniary or any other interest which might preclude him or her from
exercising or performing his or her powers, duties and functions in a
fair, unbiased and proper manner.
(5) If any person fails to disclose an interest contemplated in
subsection (4) and conducts or renders assistance with regard to an
investigation, while having an interest so contemplated in the matter
being investigated, the Commission may take such steps as it deems
necessary to ensure a fair, unbiased and proper investigation.
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[Act 1994_054_004 unamended wef 1995/09/15]
5. Committees of
Commission
(1) The Commission may establish one or more committees consisting of
one or more members of the Commission designated by the Commission and
one or more other persons, if any, whom the Commission may appoint for
that purpose and for the period determined by it.
(2) The Commission may extend the period of an appointment made by it
under subsection (1) or withdraw such appointment during the period
referred to in that subsection.
(3) The Commission shall designate a chairperson for every committee
and, if it deems it necessary, a vice-chairperson.
(4) A committee shall, subject to the directions of the Commission,
exercise such powers and perform such duties and functions of the
Commission as the Commission may confer on or assign to it and follow
such procedure during such exercising of powers and performance of
duties and functions as the Commission may direct.
(5) On completion of the duties and functions assigned to it in terms
of subsection (4), a committee shall submit a report thereon to the
Commission.
(6) The Commission may at any time dissolve any committee.
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[Act 1994_054_005 unamended wef 1996/05/17]
6. Commission may
approach President or Parliament
The Commission may, at any time, approach either the President or
Parliament with regard to any matter relating to the exercising of its
powers or the performance of its duties and functions.
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[Act 1994_054_006 unamended wef 1995/09/15]
7. Powers, duties and
functions of Commission
(1) In addition to any other powers, duties and functions conferred on
or assigned to it by section 116 of the Constitution, this Act or any
other law, the Commission-
(a)
shall develop and conduct information programmes to foster public
understanding of this Act, Chapter 3 of the Constitution and the role
and activities of the Commission;
(b)
shall maintain close liaison with institutions, bodies or authorities
similar to the Commission in order to foster common policies and
practices and to promote cooperation in relation to the handling of
complaints in cases of overlapping jurisdiction;
(c)
may consider such recommendations, suggestions and requests concerning
fundamental rights as it may receive from any source;
(d)
shall carry out or cause to be carried out such studies concerning
fundamental rights as may be referred to it by the President and the
Commission shall include in a report referred to in section 118 of the
Constitution a report setting out the results of each study together
with such recommendations in relation thereto as it considers
appropriate;
(e)
may 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.
(2)
All organs of state shall afford the Commission such assistance as may
be reasonably required for the effective exercising of its powers and
performance of its duties and functions.
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[Act 1994_054_007 unamended wef
1996/05/17]
8. Mediation,
conciliation or negotiation by Commission
The Commission may, by mediation, conciliation or negotiation
endeavour-
(a)
to resolve any dispute; or
(b)
to rectify any act or omission,
emanating
from or constituting a violation of or threat to any fundamental right.
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[Act 1994_054_008 unamended wef
1996/05/17]
9. Investigations by
Commission
(1) Pursuant to the provisions of section 116(3) of the Constitution
the Commission may, in order to enable it to exercise its powers and
perform its duties and functions-
(a)
conduct or cause to be conducted any investigation that is necessary
for that purpose;
(b)
through a member of the Commission, or any member of its staff
designated in writing by a member of the Commission, require from any
person such particulars and information as may be reasonably necessary
in connection with any investigation;
(c)
require any person by notice in writing under the hand of a member of
the Commission, addressed and delivered by a member of its staff or a
sheriff, in relation to an investigation, to appear before it at a time
and place specified in such notice and to produce to it all articles or
documents in the possession or custody or under the control of any such
person and which may be necessary in connection with that
investigation: Provided that such notice shall contain the reasons why
such person's presence is needed and why any such article or document
should be produced;
(d)
through a member of the Commission, administer an oath to or take an
affirmation from any person referred to in paragraph (c), or any person
present at the place referred to in paragraph (c), irrespective of
whether or, not such person has been required under the said paragraph
(c) to appear before it, and question him or her under oath or
affirmation in connection with any matter which may be necessary in
connection with that investigation.
(2)
(a)
Any person questioned under subsection (1) shall, subject to the
provisions of paragraph (b) and subsections (3) and (4)-
(i)
be competent and compelled to answer all questions put to him or her
regarding any fact or matter connected with the investigation of the
Commission notwithstanding that the answer may incriminate him or her;
(ii)
be compelled to produce to the Commission any article or document in
his or her possession or custody or under his or her control which may
be necessary in connection with that investigation.
(b)
A person referred to in paragraph (a) shall only be competent and
compelled to answer a question or be compelled to produce any article
or document contemplated in that paragraph if-
(i)
the Commission, after consultation with the attorney-general who has
jurisdiction, issues an order to that effect; and
(ii)
the Commission is satisfied that to require such information from such
person is reasonable, necessary and justifiable in an open and
democratic society based on freedom and equality; and
(iii)
in the Commission's judgement, such person has refused or is likely to
refuse to answer a question or to produce any article or document on
the basis of his or her privilege against self-incrimination.
(3)
(a)
Any incriminating answer or information obtained or incriminating
evidence directly or indirectly derived from a questioning in terms of
subsection (1) shall not be admissible as evidence against the person
concerned in criminal proceedings in a court of law or before any body
or institution established by or under any law: Provided that
incriminating evidence arising from such questioning shall be
admissible in criminal proceedings where the person stands trial on a
charge of perjury or a charge contemplated in section 18(b) of this Act
or in section 319(3) of the Criminal Procedure Act, 1955 (Act No. 56 of
1955).
(b)
Subject to the provisions of subsection (2)(a)(i), the law regarding
privilege as applicable to a witness summoned to give evidence in a
criminal case in a court of law shall apply in relation to the
questioning of a person in terms of subsection (1).
(4)
Any person appearing before the Commission by virtue of the provisions
of subsection (1)(c) and (d) may be assisted at such examination by an
advocate or an attorney, or both, and shall be entitled to peruse such
of the documents referred to in subsection (1)(c) or minutes as are
reasonably necessary to refresh his or her memory.
(5) If it appears to the Commission during the course of an
investigation that any person is being implicated in the matter being
investigated, the Commission shall afford such person an opportunity to
be heard in connection therewith by way of the giving of evidence or
the making of submissions and such person or his or her legal
representative shall be entitled, through the Commission, to question
other witnesses, determined by the Commission, who have appeared before
the Commission in terms of this section.
(6) Subject to the provisions of this Act, the procedure to be followed
in conducting an investigation shall be determined by the Commission
with due regard to the circumstances of each case.
(7) The Commission shall from time to time by notice in the Gazette
make known the particulars of the procedure which it has determined in
terms of subsection (6).
(8) The Commission may direct that any person or category of persons or
all persons the presence of whom is not desirable, shall not be present
at the proceedings during the investigation or any part thereof.
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[Act 1994_054_009 unamended wef
1996/05/17]
10. Entering and search
of premises and attachment and removal of articles
(1) Any member of the Commission, or any member of the staff of the
Commission or a police officer authorised thereto by a member of the
Commission, may, subject to the provisions of this section, for the
purposes of an investigation, enter any premises on or in which
anything connected with that investigation is or is suspected to be.
(2) The entry and search of any premises under this section shall be
conducted with strict regard to decency and order, which shall include
regard to-
(a)
a person's right to respect for and protection of his or her dignity;
(b)
the right to freedom and security of the person; and
(c)
the right to his or her personal privacy.
(3)
A member or police officer contemplated in subsection (1) may, subject
to the provisions of this section-
(a)
inspect and search the premises referred to in that subsection, and
there make such enquiries as he or she may deem necessary;
(b)
examine any article or document found on or in the premises;
(c)
request from the owner or person in control of the premises or from any
person in whose possession or control that article or document is,
information regarding that article or document;
(d)
make copies of or take extracts from any book or document found on or
in the premises;
(e)
request from any person whom he or she suspects of having the necessary
information, an explanation regarding that article or document;
(f)
attach anything on or in the premises which in his or her opinion has a
bearing on the investigation concerned;
(g)
if he or she wishes to retain anything on or in the premises
contemplated in paragraph (f) for further examination or for safe
custody, against the issue of a receipt, remove it from the premises:
Provided that any article that has been so removed, shall be returned
as soon as possible after the purpose for such removal has been
accomplished.
(4)
Any person from whom information is required in terms of subsection
(3)(a), (c) and (e) may be assisted at such enquiry by an advocate or
an attorney, or both, and shall at the commencement of such enquiry be
so informed.
(5)
(a)
Subject to the provisions of subsection (6), the premises referred to
in subsection (1) shall only be entered by virtue of an entry warrant
issued by a magistrate, or judge of the Supreme Court, if it appears to
such magistrate or judge from information on oath that there are
reasonable grounds for believing that any article or document, which
has a bearing on the investigation concerned, is in the possession or
under the control of any person or on or in any premises within such
magistrate's or judge's area of jurisdiction.
(b)
Subject to the provisions of subsection (6), the functions referred to
in subsection (3) shall only be performed by virtue of a search warrant
issued by a magistrate, or judge of the Supreme Court, if it appears to
such magistrate or judge from information on oath that there are
reasonable grounds for believing that an article or document referred
to in paragraph (a) is in the possession or under the control of any
person or on or in any premises within such magistrate's or judge's
area of jurisdiction.
(c)
A warrant issued in terms of this subsection shall authorise any member
of the Commission or any member of the staff of the Commission or a
police officer to perform the functions referred to in subsection (3)
and shall to that end authorise such person to enter and search any
premises identified in the warrant.
(d)
A warrant issued in terms of this subsection shall be executed by day,
unless the person issuing the warrant in writing authorises the
execution thereof by night at times which are reasonable in the
circumstances.
(e)
A warrant issued in terms of this subsection may be issued on any day
and shall be of force, until-
(i)
it is executed; or
(ii)
it is cancelled by the person who issued it or, if such person is not
available, by any person with like authority; or
(iii)
the expiry of one month from the day of its issue; or
(iv)
the purpose for the issuing of the warrant has lapsed,
whichever
may occur first.
(f)
A person executing a warrant under this section shall, at the
commencement of such execution, hand the person referred to in the
warrant or the owner or the person in control of the premises, if such
a person is present, a copy of the warrant: Provided that if such
person is not present, he or she shall affix a copy of the warrant to
the premises at a prominent and visible place.
(g)
A person executing a warrant under this subsection or an entry or
search under subsection (6) shall, at the commencement of such
execution, identify himself or herself and if that person requires
authorisation to execute a warrant under this section, the particulars
of such authorisation shall also be furnished.
(6)
Subject to the provisions of subsections (2), (3), (4), (5)(g), (7) and
(8), any member of the Commission, or any member of the staff of the
Commission or a police officer upon request by a member of the
Commission, may, without an entry and search warrant, enter and search
any premises, other than a private dwelling, for the purposes of
attaching and removing, if necessary, any article or document-
(a)
if the person or persons who may consent to the entering and search for
and attachment and removal of an article or document consents or
consent to such entering, search, attachment and removal of the article
or document concerned; or
(b)
if he or she, on reasonable grounds, believes-
(i)
that a warrant will be issued to him or her under subsection (5) if he
or she applies for such warrant; and
(ii)
that the delay in obtaining such a warrant would defeat the object of
the entry and search.
(7)
An entry and search in terms of subsection (6) shall be executed by day
unless the execution thereof by night is justifiable and necessary.
(8)
(a)
A person who may lawfully under this section enter and search any
premises may use such force as may be reasonably necessary to overcome
any resistance against such entry and search of the premises, including
the breaking of any door or window of such premises: Provided that such
person shall first audibly demand admission to the premises and notify
the purpose for which he or she seeks to enter and search such
premises.
(b)
The proviso to paragraph (a) shall not apply where the person concerned
is on reasonable grounds of the opinion that any article or document
which is the subject of the search may be destroyed or disposed of if
the provisions of the said proviso are first complied with.
(9)
If during the execution of a warrant in terms of section 10(5)(b) or a
search in terms of section 10(6), a person claims that an article or
document found on or in the premises concerned contains privileged
information and refuses the inspection or removal of such article or
document, the person executing the warrant or search shall, if he or
she is of the opinion that the article or document contains information
that has a bearing on the investigation and that such information is
necessary for the investigation, request the registrar of the Supreme
Court which has jurisdiction or his or her delegate, to attach and
remove that article or document for safe custody until a court of law
has made a ruling on the question whether the information concerned is
privileged or not.
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[Act 1994_054_010 unamended wef
1996/05/17]
11. Vacancies in
Commission
(1) A vacancy in the Commission shall occur-
(a)
when a member's term of office expires;
(b)
when a member dies;
(c)
when a member is removed from office in terms of the second proviso to
section 3(1); or
(d)
when a member's resignation, submitted in accordance with section 3(4),
takes effect.
(2)
A vacancy in the Commission shall-
(a)
not affect the validity of the proceedings or decisions of the
Commission; and
(b)
be filled as soon as practicable in accordance with section 115(3) of
the Constitution.
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[Act 1994_054_011 unamended wef 1995/09/15]
12. Meetings of
Commission
(1) The meetings of the Commission shall be held at the times and
places determined by the Commission: Provided that the first meeting
shall be held at the time and place determined by the Minister of
Justice.
(2) If the Chairperson is absent from a meeting of the Commission, the
Deputy Chairperson referred to in section 115(5) of the Constitution
shall act as chairperson, and if both the Chairperson and Deputy
Chairperson are absent from a meeting of the Commission, the members
present shall elect one from among their number to preside at that
meeting.
(3) The quorum for any meeting of the Commission shall be a majority of
the total number of members.
(4) The decision of the majority of the members of the Commission
present at a meeting thereof shall be the decision of the Commission,
and in the event of an equality of votes concerning any matter, the
member presiding shall have a casting vote in addition to his or her
deliberative vote.
(5) The Commission shall determine its own procedure and shall cause
minutes to be kept of the proceedings.
(6) The Commission shall from time to time by notice in the Gazette
make known the particulars of the procedure which it has determined in
terms of subsection (5).
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[Act 1994_054_012 unamended wef 1995/09/15]
13. Remuneration and
allowances of members of Commission
(1) The remuneration, allowances and other terms and conditions of
office and service benefits of the full-time and part-time members of
the Commission shall be determined by the President in consultation
with the Cabinet and the Minister of Finance.
(2) The remuneration of the members of the Commission shall not be
reduced during their continuation in office.
(3) A part-time member of the Commission may, for any period during
which that member, with the approval of the Commission, performs
additional duties and functions, be paid such additional remuneration
as may be determined by the President in consultation with the Cabinet
and the Minister of Finance.
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[Act 1994_054_013 unamended wef 1995/09/15]
14. Compensation for
certain expenses and damage
(1) Subject to the provisions of subsection (2), the Commission may,
with the specific or general concurrence of the Minister of Finance,
order that the expenses or a portion of the expenses incurred by any
person in the course of or in connection with an investigation by the
Commission, be paid from State funds.
(2) Any person appearing before the Commission in terms of section
9(1)(c) who is not in the public service, shall be entitled to receive
from moneys appropriated by law for such purpose, as witness fees, an
amount equal to the amount which he or she would have received as
witness fees had he or she been summoned to attend criminal proceedings
in the Supreme Court held at the place mentioned in the written notice
in question.
(3) If a person has suffered damage in the course of the execution of
an entry or search warrant in terms of section 10(5)(a) or (b) or an
entry or search contemplated in section 10(6), under circumstances
where no person responsible for the premises was present at the time of
the causing of the damage and the damage was caused by force used to
gain entry as contemplated in section 10(8)(a), the Commission may
order that such damage be made good from State funds.
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[Act 1994_054_014 unamended wef
1996/05/17]
15. Reports by Commission
(1) The Commission may, subject to the provisions of subsection (3), in
the manner it deems fit, make known to any person any finding, point of
view or recommendation in respect of a matter investigated by it.
(2) In addition to the report contemplated in section 118 of the
Constitution, the Commission shall submit to the President and
Parliament quarterly reports on the findings in respect of functions
and investigations of a serious nature which were performed or
conducted by it during that quarter: Provided that the Commission may,
at any time, submit a report to the President and Parliament if it
deems it necessary.
(3) The findings of an investigation by the Commission shall, when it
deems it fit but as soon as possible, be made available to the
complainant and any person implicated thereby.
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[Act 1994_054_015 unamended wef
1996/05/17]
16. Staff, finances and
accountability
(1) The Commission shall at its first meeting or as soon as practicable
thereafter appoint a director as chief executive officer of the
Commission in accordance with section 117(1) of the Constitution, who-
(a)
shall, in consultation with the Public Service Commission and the
Minister of Finance and subject to subsection (5), appoint such staff
in accordance with section 117(1) of the Constitution as may be
reasonably necessary to assist him or her with the work incidental to
the performance by the Commission of its functions;
(b)
shall be responsible for the management of and administrative control
over the staff appointed in terms of paragraph (a), and shall for those
purposes be accountable to the Commission;
(c)
shall, subject to the Exchequer Act, 1975 (Act No. 66 of 1975)-
(i)
be charged with the responsibility of accounting for State money
received or paid out for or on account of the Commission;
(ii)
cause the necessary accounting and other related records to be kept;
(d)
may exercise the powers and shall perform the duties and functions
which the Commission may from time to time confer upon or assign to him
or her in order to achieve the objects of the Commission, and shall for
those purposes be accountable to the Commission.
(2)
The records referred to in subsection (1)(c)(ii) shall be audited by
the Auditor-General.
(3) The defrayal of expenditure in connection with matters provided for
in this Act or in sections 115 up to and including 118 of the
Constitution shall be subject to-
(a)
requests being received mutatis mutandis in the form as prescribed for
the budgetary processes of departments of State; and
(b)
the provisions of the Exchequer Act, 1975, and the regulations and
instructions issued in terms thereof, as well as the Auditor-General
Act, 1989 (Act No. 52 of 1989).
(4)
The chief executive officer of the Commission shall be appointed on
such terms and conditions and shall receive such remuneration,
allowances and other service benefits as the Commission may determine
in accordance with the regulations under section 19.
(5) The other staff of the Commission shall be appointed on such terms
and conditions and shall receive such remuneration, allowances and
other service benefits as the chief executive officer may determine in
accordance with the regulations under section 19.
(6) The Commission may, in consultation with the Public Service
Commission, in the exercise of its powers or the performance of its
duties and functions by or under this Act, the Constitution or any
other law, for specific projects, enter into contracts for the services
of persons having technical or specialised knowledge of any matter
relating to the work of the Commission, and with the concurrence of the
Minister of Finance, determine the remuneration, including
reimbursement for travelling, subsistence and other expenses, of such
persons.
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[Act 1994_054_016 unamended wef 1995/09/15]
17. Legal proceedings
against Commission
(1) The Commission shall be a juristic person.
(2) The State Liability Act, 1957 (Act No. 20 of 1957), shall apply
mutatis mutandis in respect of the Commission, and in such application
a reference in that Act to "the Minister of the department concerned"
shall be construed as a reference to the Chairperson.
(3) No-
(a)
member of the Commission;
(b)
member of the staff of the Commission;
(c)
person contemplated in section 16(6); or
(d)
member of any committee, not being a member of the Commission,
shall
be liable in respect of anything reflected in any report, finding,
point of view or recommendation made or expressed in good faith and
submitted to Parliament or made known in terms of this Act or the
Constitution.
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[Act 1994_054_017 unamended wef 1995/09/15]
18. Offences and
penalties
A person who-
(a)
without just cause refuses or fails to comply with a notice under
section 9(1)(c) or refuses to take the oath or to make an affirmation
at the request of the Commission in terms of section 9(1)(d) or refuses
to answer any question put to him or her under section 9(1)(d) or
refuses or fails to furnish particulars or information required from
him or her under that section;
(b)
after having been sworn or having made an affirmation contemplated in
section 9(1)(d), gives false evidence before the Commission on any
matter, knowing such evidence to be false or not knowing or believing
it to be true;
(c)
wilfully interrupts the proceedings at an investigation or misbehaves
himself or herself in any manner in the place where such investigation
is being held;
(d)
defames the Commission or a member of the Commission in his or her
official capacity;
(e)
in connection with any investigation does anything which, if such
investigation were proceedings in a court of law, would have
constituted contempt of court; anticipates any findings of the
Commission regarding an investigation in a manner calculated to
influence its proceedings or such findings;
(g)
does anything calculated improperly to influence the Commission in
respect of any matter being or to be considered by the Commission in
connection with an investigation;
(
h) contravenes any provision of section 4(2);
(
i) fails to afford the Commission the necessary assistance referred to
in section 4(3) or 7(2);
(j)
acts contrary to the authority of an entry warrant issued under section
10(5)(a) or a search warrant issued under section 10(5)(b) or, without
being authorised thereto under section 10, enters or searches any
premises or attaches any article or document or performs any act
contemplated in section 10(3),
shall
be guilty of an offence and liable
on conviction to a fine or to imprisonment for a period not exceeding
six months.
__________
[Act 1994_054_018 unamended wef 1995/09/15]
19. Regulations
(1) The President may, after the Commission has made a recommendation
and after consultation with the Public Service Commission, make
regulations regarding the following matters in relation to the staff of
the Commission:
(a)
(i)
The different categories of salaries and scales of salaries which shall
be applicable to the different categories of members of staff;
(ii)
the requirements for appointment and the appointment, promotion,
discharge and disciplinary steps;
(iii)
the recognition of appropriate qualifications and experience for the
purposes of the determination of salaries;
(iv)
the procedure and manner of and criteria for evaluation, and the
conditions or requirements for the purposes of promotion;
(b)
the powers, duties, conduct, discipline, hours of attendance and leave
of absence, including leave gratuity, and any other condition of
service;
(c)
the creation of posts on the establishment of the Commission;
(d)
the training of staff, including financial assistance for such
training;
(e)
a code of conduct to be complied with by staff;
(f)
the provision of official transport;
(g)
the conditions on which and the circumstances under which remuneration
for overtime duty, and travel, subsistence, climatic, local and other
allowances, may be paid;
(
h)
subject to section 17, 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;
(
i)
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;
(j)
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 shall be submitted;
(k)
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;
(
l)
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 moneys 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;
(m)
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;
(n)
in general, any matter which is not in conflict with this Act or the
Constitution and which is reasonably necessary for the regulation of
the terms and conditions of service of members of staff.
(2)
Any regulation under this section relating to State expenditure, shall
be made in consultation with the Minister of Finance.
__________
[Act 1994_054_019 unamended wef 1995/09/15]
20. Short title and
commencement
This Act shall be called the Human Rights Commission Act, 1994, and
shall come into operation on a date fixed by the President by
proclamation in the Gazette.
__________
[Act 1994_054_020 unamended wef 1995/09/15]
