Chapter 7: Remedies and Enforcement
Part D: Complaints to Commission or Panel
s174: Referral of complaints to court
- (1) If the Commission or Panel, as the case may be, issues a notice of non-referral in response to a complaint, the complainant concerned may apply to a court for leave to refer the matter directly to the court, but no such complaint may be referred directly to a court in respect of a person who has been excused as a respondent, as contemplated in section 170(1)(a).
- (2) A court:
- (a) may grant leave contemplated in subsection (1) only if it appears that the applicant has no other remedy available in terms of this Act; and
- (b) if it grants leave, and after conducting a hearing, determines that the respondent has contravened the Act, may:
- (i) require the Commission or Executive Director, as the case may be, to issue a compliance notice sufficient to address that contravention; or
- (ii) make any other order contemplated in this Act that is just and reasonable in the circumstances.
No related regulations.
No related note.
No related forms.