6
(2) Where an investigation conduced by the Commission under section 14 discloses
the infringement or imminent infringement of a fundamental right by executive or
administrative action, or by any person referred to in paragraph (b) of section 14, the
Commission shall have the power to refer the matter, where appropriate, for conciliation
or mediation.
(3) Where an investigation conducted by the Commission under section 14 discloses
the infringement or imminent infringement of a fundamental right by executive or
administrative action, or by any person referred to in paragraph (b) of section 14, the
Commission may where it appears to the Commission that it is not appropriate to refer
such matter for conciliation or mediation, or where it appears to the Commission that it is
appropriate to refer the matter for conciliation or meditation, but all or any of the parties
object or objects to conciliation or mediation., or where the attempt at conciliation or
mediation is not successful(a)
recommend to the appropriate authorities, that prosecution or other
proceedings be instituted against the person or persons infringing such
fundamental right;
(b)
refer the matter to any court having jurisdiction to here and determine such
matter in accordance with such rules of court as may be prescribed therefore,
and within such time as is provided for invoking the jurisdiction of such court,
by any person;
(c)
make such recommendations as it may think fit to the appropriate authority or
person or persons concerned, with a view to preventing or remedying such
infringement or the continuation of such infringement.
(4) Without prejudice to the generality of the recommendations that may be made under
paragraph (c) of subsection (3), the Commission may(a) recommend that the act or omission giving rise to the infringement or
imminent infringement of a fundamental right be reconsidered or rectified;
(b) recommend that the decision-giving rise to the infringement or imminent
infringement of a fundamental right be reconsidered or rectified.
(c) recommend that the practice on which the decision, recommendation, act or
omission giving rise to the infringement or imminent infringement of a
fundamental right was based, be altered; and
(d) recommend that reasons be given for the decision, recommendation, act or
omission giving rise to the infringement or imminent infringement of a
fundamental right.
(5) No recommendation shall be made by the Commission under the preceding
provisions of this section in respect of the infringement or imminent infringement of a
fundamental right except after affording an opportunity of being heard to the person
alleged to be about to infringe or to have infringed such fundamental right.
(6) A copy of a recommendation made by the Commission under the preceding
provisions of this section in respect of the infringement or imminent infringement of a