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Transformation, Monitoring and Evaluation

Procedure

The office of the Director OT&E will forward all complaints to the Director Legal Services, whose office will provide administrative support to the independent jurist.

The independent jurist will conduct a preliminary investigation and will consider the information made available to him or her with due regard to the following:

  • the seriousness of the issues raised;
  • the credibility of the concern;
  • the likelihood of confirming the allegation satisfactorily;
  • the quality and/or quantity of information;
  • alternative mechanisms to deal with the matter.

Having exercised his or her discretion to conduct a substantive enquiry, the independent jurist decides on the form of the substantive investigation to be undertaken. The format and the procedure to be followed in conducting any investigation by the independent jurist will be determined by him or her, with due regard to the circumstances in each case.

A report will be submitted to the Vice-Chancellor, who will inform the relevant parties of the outcome of the investigations and, where applicable, any action to be taken in that regard. This information will be delivered via the Legal Services Office and the relevant EMCom member/Executive Dean.

Confidentiality

 

The SRC or Unions, as recipients of the allegation, as well as any other stakeholder as identified in 4.3. above, should treat such allegations in the strictest confidence, more so as:

  1. to give effect to the individual’s presumption of innocence;
  2. the stigma attached to such allegations are unique in nature and in effect;
  3. such allegations carry the increased legal risk of defamation action if untested allegations are publicized.

Infringement of this clause can lead to disciplinary action being taken.

Relevant stakeholders involved in the resolution process shall have access to pertinent information which has bearing on the case.

Accountability

All staff, students and third parties are responsible for promoting and developing racial equity. Should any incident of racism and/or racial discrimination occur, the matter will be referred to the Director – OT&E, (via the ED - Student Affairs, in the case of a student submitting a complaint), who will initiate the process as stipulated in section 8 above for investigation and resolution thereof.

Disciplinary action

Disciplinary action may be instituted by the relevant University authority should the outcome of due process show that racism and/or unfair racial discrimination had been perpetrated. Unfair discrimination is considered as a very serious offence.