Chapter 7: Complaints, Applications and Tribunal Hearings
Part D: Commission or Panel complaint and investigation procedures

R138: Resolving complaints by proposed consent order

  • (1) If, at any time before concluding its consideration of a complaint, the Commission believes that the respondent may be prepared to agree terms of a proposed order, the Commission may-
    • (a) notify the complainant, in writing, that a consent order may be recommended; and
      • (b) invite the complainant to inform the Commission in writing within 10 business days after receiving that notice-
        • (i) whether the complainant is prepared to accept damages or an alternative remedy under such an order; and
          • (ii) if so, the amount of damages claimed or particulars of the alternative remedy.
        • (2) If the Commission and the respondent agree the terms of an appropriate order, the Commission must-
          • (a) refer the complaint to the High Court in accordance with its Rules;
            • (b) attach to the referral-
              • (i) a draft order in a form consistent with the High Court Rules, and-
                • (aa) setting out each section of the Act or of a company's Memorandum of Incorporation or Rules that has been contravened;
                  • (bb) setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and
                    • (cc) signed by the Commission and the respondent indicating their consent to the draft order; and
                    • (ii) a Consent to Order in Form CoR 138, completed by the complainant, if applicable; and
                    • (c) serve a copy of the referral and draft order on the respondent and the complainant.
                    • (3) The Commission must not include an order of damages in a draft consent order unless the complainant expressly consented that order for damages in Form CoR 138.
                      • (4) A draft consent order may be submitted to the Court in terms of section 173 and this Rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft order.

                        Related Regulations

                        No related regulations.

                        Related Sections

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                        Related Notes

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                        Related Forms

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