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Complaints Manual 

ICR: Complaint Handling
                                             
The CRL Rights Commission is here to promote and protect your cultural, religious and linguistic rights

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) is an institution established in terms of section 181(1)(c) of the Constitution of the Republic of South Africa.  The Commission is established generally to support constitutional democracy, and in particular to promote and protect the rights of cultural, religious and linguistic communities. 
The Commission is concerned with the cultural, religious and linguistic rights of communities.  The cultural, religious and linguistic rights are protected against any form of transgression, violation or denial.  The Commission has to ensure equality of cultural, religious and linguistic rights between and among diverse communities, as well as to resolve conflict between and among communities and organs of state or private institutions.  This is with an object to foster peace, tolerance, co-existence and harmony between and among diverse communities and the state. 
The Commission protects the rights of communities to enjoy and practice their culture and religion and use their languages; and to freely form, join and maintain cultural, religious and linguistic associations and other organs of civil society on the basis of non-discrimination.
The following need to be known by communities when they believe that their cultural, religious or linguistic rights are denied or violated:

Who can approach the Commission for help?
Any cultural, religious or linguistic community can approach the Commission for assistance.

When can a community lodge a complaint with the Commission?
A community may lodge a complaint with the Commission when that community believes that its rights are threatened or that they are denied the right to enjoy and practice their culture and religion and use their language; as well as when that community is denied the right to freely form, join and maintain cultural, religious and linguistic associations.

How should a community lodge a complaint?
A complaint should be made in writing, in prescribed forms.  However, the Commission will assist those who cannot write or the disabled to put their complaints in writing.

How will the Commission ensure that the rights of a community are protected?
Upon receipt of a complaint the Commission will through its investigating unit look into the complaint to ascertain whether the complaint falls within its mandate of promoting and protecting the cultural, religious and linguistic rights of communities.  If it falls within its mandate, the Commission will investigate the matter by considering the complaint as well as the submission that would be made by the person alleged to have violated or threatened the rights of a person, party or community. 

What happens after the matter is investigated?
Depending on the nature of the complaint, the Commission may decide to mediate between the complainant(s) and the alleged transgressor(s) as an attempt to resolve the conflict and reconcile the concerned parties to live harmoniously together.   

What if the rights of a community are violated by the state?
Similarly, the Commission would investigate the matter and ascertain why the state violated the rights of a community.  Depending on the outcome of the investigation, the Commission will facilitate resolution of the conflict.

Can a community request advice from the Commission?
Yes.  As long as these are matters related to cultural, religious and linguistic rights of communities.

What if no settlement is reached between the parties?
The Commission may advice the parties on the next possible steps of either engaging the South African Human Rights Commission, or lodging a complaint at the Equality Court.

How long does the Commission take to resolve a problem?
Firstly, the Commission has to acknowledge receipt of a complaint within 30 days after receiving that complaint.  The Commission has to deal with a complaint as soon as is reasonably possible, but in any event within 90 days.  What this means is that depending on the nature of the complaint, the Commission has to deal with a complaint as soon as is reasonably possible and not wait for the 90th day.  For example, a complaint that can be dealt with within 30 should be resolved within 30 days and not wait to be dealt with on 90 days period. 
Depending on the nature and complexity of the matter, the Commission may take more than 90 days to resolve the problem.  For example, there are complaints which have an impact on the existing law or policy or which may require that the law or policy be amended.  In such instances, the Commission will make recommendations for such a law or policy to be amended.  This can therefore take a long time to address that problem.  

How will the affected communities know that 90 days will be exceeded?
The Commission has to inform the complainant(s) on the developments about such a case and notify the complainant(s) about the possibility of extending time to deal with the matter.  

What if a community is not happy with the decision of the investigation?
A complainant(s) can appeal against that decision by sending a written appeal to the Chairperson of the Commission.  This has to be done within 60 days of knowledge of the decision or outcome.

How long should a complainant(s) wait for the decision of the Chairperson?
The Chairperson will make the decision within a reasonable time, however within 60 days of receipt of the appeal.

What if a community still feels aggrieved by the decision of the Chairperson?
A community can decide to take the matter to court.

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