Cap. 413 Art. 32Complaints and investigations.

(1) The Commission shall have the power to carry out inspections and investigations on any occasion and for any purpose related to the responsibilities and functions pertaining to the said

Commission under the Act and subsidiary legislation made thereunder, as well as any other applicable law, including but not limited to the Accessibility Standards for All in the Built Environment

Regulations. Saving as otherwise provided for in this Act, the Commission shall have exclusive jurisdiction in relation to matters involving any substantive Convention rights, or otherwise brought under any provisions of this Act, unless the discrimination alleged in such matters is of a multiple or intersectional nature, and shall also have the power to enforce sanctions in conformity with the Act. The Commissioner may, on behalf of the Commission, initiate investigations on any matter involving an act that allegedly breaches any of the substantive Convention rights, or otherwise violates any of the provisions of this Act.

(2) The Commissioner may also initiate investigations on the receipt of a complaint in writing alleging that a person has committed an act that is unlawful in terms of any substantive Convention rights, or otherwise under any provisions of this Act. Such complaint may be lodged with the Commissioner by:

(a) any person aggrieved by the act; or

(b) any person referred to in article 33A of this Act.

(3) If it appears to the Commissioner that a person wishes to make a complaint under sub-article (2) and that person requires assistance to formulate the complaint orally and, or, in writing, it shall be the duty of the Commissioner to take reasonable steps to provide appropriate assistance to that person.

(4) In the exercise of the powers mentioned in the previous sub-articles, the Commissioner shall be assisted by the following mechanisms:

(a) an Investigations Unit within the Commission to carry out investigations of complaints; and

(b) an Enforcement Unit within the Commission to take the following measures in respect of any person who infringes any provision of the Act, or any other law which the Enforcement Unit is entitled to enforce, or who fails to comply with any decision given by the Investigations Unit or the Test of Reasonableness Board:

(i) impose an administrative fine in accordance with the provisions of this Act; and

(ii) order the cessation of any act or omission which are in breach of any provision of the Act and any other law which the Enforcement Unit is entitled to enforce;

(c) the Investigations Unit and Enforcement Unit shall also serve towards the Commission’s fulfilment of its role as market surveillance authority in respect of Directive (EU) 2019/882 on the accessibility requirements for products and services, acting in conjunction with other relevant stakeholders locally and at European Union level, and in line with other relevant primary and secondary legislation.

(5) In exercising the duties in terms of this article, the Commission shall be granted the right of entry into any premises, public or private, for the purposes of:

(a) carrying out investigations, inspections, or surveys;

(b) ascertaining that nothing contrary to the provisions of the Act, to the regulations made thereunder, or to any term imposed by any of the Investigations Unit, or the Test of Reasonableness Board, is taking, or has taken place, and proceeding with any action accordingly;

(c) ascertaining or reproducing such data or information as the Commission may require;

(d) making plans of any premises and registering audio-visual footage of the said premises after entry in accordance with this sub-article;

(e) doing anything that is ancillary or consequential thereto.

(6) In the case of a dwelling house or a condominium, such right of entry, inspection and monitoring as provided for in this Act, shall be subject to giving prior notice of at least forty-eight

(48) hours, except in cases of emergency, and shall not apply before half past seven in the morning and after seven o’clock in the evening, and where such entry, inspection or monitoring is refused, it shall be lawful for any Magistrate, on good cause being shown to him by the Commissioner, or by one of his authorised officers on oath, to grant a warrant authorizing such entry, inspection or monitoring.

(7) The Minister shall, by means of regulations made under this Act, establish penalties in respect of when a person refuses to permit entry, or else obstructs inspection or monitoring, when the warrant issued pursuant to sub-article (6) is produced, and when a person obstructs, threatens, attacks or impedes any officer of the Commission in the exercise of his duties under the Act.

(8) Any person authorised pursuant to this article shall produce a means of identification issued by the Commission.