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South Africa
South African Human Rights Commission Act, 2013
Act 40 of 2013
- Published in Government Gazette 37253 on 22 January 2014
- Assented to on 20 January 2014
- Commenced on 5 September 2014 by South African Human Rights Commission Act, 2013: Commencement
- [This is the version of this document as it was from 22 January 2014 to 31 March 2019.]
- [Please note that the research on this work is ongoing. Amendment, commencement and repeal information may be missing.]
1. Definitions
In this Act, unless the context otherwise indicates—"Chairperson" means the chairperson of the Commission referred to in section 6(1);"chief executive officer" means the chief executive officer referred to in section 19(1);"Commission" means the South African Human Rights Commission referred to in sections 181(l)(b) and 184 of the Constitution;"commissioner" means a commissioner referred to in section 5(1);"committee" means a committee established under section 11;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Deputy Chairperson" means the deputy chairperson of the Commission referred to in section 6(1);"human rights" means the human rights contained in Chapter 2 of the Constitution;"investigation" means an investigation contemplated in section 15;"member of staff" means the chief executive officer and any person appointed in terms of section 19(3)(a);"Minister" means the Cabinet member responsible for the administration of justice;"organ of state" means an organ of state as defined in section 239 of the Constitution;"premises" includes land, any building or structure, or any vehicle, conveyance, ship, boat, vessel, aircraft or container;"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;"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999); and"warrant" means a search warrant or an entry and search warrant, as the case may be, issued in terms of section 16(5).2. Objects of Commission
The objects of the Commission are—3. Seat of Commission
4. Independence and impartiality
5. Composition of Commission
6. Chairperson and Deputy Chairperson of Commission
7. Powers and functions of Chairperson, Deputy Chairperson and other commissioners
8. Vacancies in Commission
9. Remuneration and allowances of commissioners
10. Meetings of Commission
11. Committees of Commission
12. Conferment of powers and assignment of functions
13. Powers and functions of Commission
14. Mediation, conciliation or negotiation by Commission
The Commission may, by mediation, conciliation or negotiation endeavour—15. Investigations by Commission
16. Entering and search of premises and attachment and removal of articles
17. Compensation for expenses
Any person appearing before the Commission in terms of section 15(1)(c) who is not in the public service, is entitled to receive from monies 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 High Court held at the place mentioned in the written notice in question.18. Reports by Commission
19. Staff of Commission
20. Accountability
The chief executive officer is, in accordance with section 36 of the Public Finance Management Act, the accounting officer of the Commission and is charged with the responsibilities referred to in that Act.21. Legal proceedings against Commission
22. Offences and penalties
A person who—23. Regulations
24. Repeal of law and transitional arrangements
25. Short title and commencement
This Act is called the South African Human Rights Commission Act, 2013, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2023
01 April 2019 amendment not yet applied
05 September 2014
22 January 2014 this version
20 January 2014
Assented to
Cited documents 2
Legislation 2
Documents citing this one 10
Gazette 6
- South Africa Government Gazette dated 2014-01-22 number 37253
- South Africa Government Gazette dated 2014-09-05 number 37977
- South Africa Government Gazette dated 2017-12-29 number 41362 part 1
- South Africa Government Gazette dated 2020-06-30 number 43492
- South Africa Government Gazette dated 2020-07-10 number 43514
- South Africa Government Gazette dated 2021-07-15 number 44856
Guide 1
Judgment 3
- Afriforum v South African Human Rights Commission N.N.O. and Others; De Klerk N.N.O. and Others v South African Rights Commission N.N.O. and Others (14370/2019; 31328/2019) [2023] ZAGPJHC 827 (14 July 2023)
- Solidarity v Minister of Labour and Others (J 3092/2018) [2019] ZALCJHB 130 (8 October 2019)
- South African Human Rights Commission v Agro Data CC and Another (1448/2021) [2022] ZAMPMBHC 1 (2 March 2022)