SOUTH AFRICAN HUMAN RIGHTS COMMISSION 33 Hoofd Street Private Bag X 2700 Tel.: 011 877 3600 Braempark, Forum IIT Houghton Fax: 011 403 0567 Braamfontein 2041 2017 SY Pane an Corinne Mr Munyaradzi Mare 1 Rwizi Street Zengeza 3 Chitungwiza jimbabwe Per Email: legalimmigrant@webmail.co.za Our Ref. AP8/06/2015 Provincial Ref.: NC/1415/0086 Dat 20 July 2015 Dear Sir, : APPEAL TO TH! ERATION: R ‘The above matter and your letter of appeal received by our offices on or about the 1* day of June 2015 refers, kindly confirm receipt of the aforesaid letter and the contents thereof has been noted. ‘The South African Human Rights Commission (hereinafter referred to as the “Commission”) was established to investigate prima facie violations of human rights as contained within the Bill of Rights, which is Chapter Two of the Constitution of the Republic of South Africa of 1996 (hereinafter referred to as the “Constitution”). In terms of Article 12 (8) (a) of the Commission's Complaints Handling Procedures: “If the Provincial Manager makes a finding that the complaint does not fall within the jurisdiction of the Commission, or coud be dealt with more effectively or expeditiously by another organisation, institution, statutory body or institution created by the Constitution or any applicable legislation, the complaint must ... Be referred to such appropriate organisation, institution or body .... and the complainant must ... be notified thereof in writing, and be provided with the contact details of such appropriate organisation, institution or body.” On perusing the file in this matter I kindly note that in your initial complaint you requested information relating to fair labour practices. On or about the 29" day of January 2015 I note that the Provincial Office advised you that the Commission was not in a position to investigate your complaint as it did not amount to a violation of rights. The Provincial Office advised you that in terms of the Basic Conditions of Employment Act, an employer is required to provide employees with a payslip, but that the Commission does not have jurisdiction in the matter. The Provincial Office was of the view that there was nothing further it could do in the matter and proceeded to close the file. With regards to the provisions of both the Constitution and the South African Human Rights Commission Act, 40 of 2013, the Commission's Legal Services Unit is charged with the duty to investigate complaints of human rights violations and the manner within which this is dealt with is determined in its Complaints Handling Procedures. ‘Transforming society. Securing rights. Restoring dignity ‘Chairperson: M L Mushivana; Deputy Chairperson: P Govencer; Commissioners (Full-Time): 8 Malar, L Mokate: MS Amnesrms ‘Commissioners (Part-Time): } Love, 0 Titus; Executive Officer: L KhumaloI note that in your letter of appeal you have indicated that you did not receive a payslip from your employer for the work completed for a period of 2 weeks in 2009, and would like the Commission to assist you in this regard, After a thorough analysis and due consideration, I confirm that the Commission may reject any complaint, which could be dealt with more effectively or expeditiously by another organisation, institution, statutory body or institution. You are advised to request a copy of your payslip from your former employer, which may be done using the procedures of the Promotion of Access to Information Act (PAIA), and the form has been attached to this letter. Should you be unsuccessful, you are advised to contact the Department of Labour with a request that it assist you, or to lodge a complaint against your former employer. You may contact the Department of Labour at the following details: Department of Labour (Northern Cape): Telephone Number(s): (053) 838 1500 Fax Number(s): (053) 832 4798 Street Address: Department of Labour (Northern Cape), Cnr Compound and Priel Road, Kimberley Postal Address: Department of Labour (Northern Cape), Private Bag X 5012, Kimberley, 8300 Email Address: webmaster@labour.gov.za ‘Accordingly, your appeal is dismissed and this decision is final ‘Should you not be satisfied with this finding then kindly be advised that you may challenge same in court through the process of judicial review. ‘An application for judicial review must be made within 180 days of the date on which all internal remedies Were exhausted. Where there are no internal remedies available, the application must be made within 180 days of the date on which the applicant became aware of the decision (or could reasonably be expected to have become aware of the decision). A person who asks for judicial review after this period will not be Successful, unless they can convince the court to that itis "in the interests of justice” to allow it. Yours faithfully, CAD ae a THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION CHANTAL KISOON ACTING CHIEF OPERATIONS OFFICER CC PROVINCIAL MANAGER, NORTHERN CAPE PROVINCE ‘THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION