5
expenses that may have been reasonably incurred by him in making a complaint to
the Commission under section 14.
(h) do all such other things as are necessary or conducive to the discharge of its
functions.
PART II
POWERS OF INVESTIGATION OF THE COMMISSION
12. (1) The Supreme Court may refer any matter arising in the course of a hearing of an
application made to the Supreme Court under Article 126 of the Constitution to the
Commission for inquiry and report.
Reference by
Supreme
Court.
(2) The Commission shall inquire and report to the Supreme Court on the matters
referred to it under subsection (1), within the period, if any specified in such
reference.
Computation of
time for purpose
of Article 126 of
the Constitution.
13. (1) Where a complaint is made by an aggrieved party in terms of section 14, to the
Commission, within one month of the alleged infringement or imminent infringement of
a fundamental right by executive or administrative action, the period within which the
inquiry into such complaints is pending before the Commission, shall not be taken into
account in computing the period of one month within an application may be made to the
Supreme Court by such person in terms of Article 126 (2) of the Constitution.
(2) Where the Supreme Court makes a reference in terms of section 12(1) to the
Commission for inquiry or report, the period commencing from the date of such reference
and ending on the date of the report of the Commission, shall not be taken into account in
computing the period of two months referred to in Article 126(5) of the Constitution.
Commission may
investigate on
own motion or
on complaint.
14. The Commission may, on its own motion or on & complaint made to it by an
aggrieved person or group of persons or a person acting on behalf of an aggrieved person
or a group of persons, investigate an allegation at the infringement or imminent
infringement of a fundamental right of such person or group of persons caused.
(a) by executive or administrative action; or
(b) as a result of an act which constitutes an offence under the Prevention of
terrorism Act. No.48 of 1979, committed by any person.
15. (1) Where an investigation conducted by the Commission under section 14 does not
disclose 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, record that fact, and shall accordingly inform the person making the
complaint within thirty days.
Procedure
where
infringement
is not disclosed
or is disclosed.