Procedure Document

4.1.  Scope

This procedure sets out the procedural and substantive requirements for the handling of:

4.1.1 Complaints laid against Applicants and Candidates;
4.1.2 Complaints laid against persons or organizations Certified or Qualified by SAIWCertification;
4.1.3 Complaints laid against SAIW Certification; and
4.1.4 Applications for Appeal to and Review of decisions taken by a Complaints Panel, in terms of the relevant Certification Scheme rules and applicable standards.

4.2. Definitions

4.2.1 Aggrieved Person

Any person or organization who/which is not satisfied with a decision taken by the Complaints Panel or Inquiry Panel.

4.2.2 Appeal

A written request made by any interested party for reconsideration of any substantive decision made by either the Inquiry Panel.

4.2.3 Appeals Panel

A group of at least three suitably qualified/competent persons, nominated by the relevant Scheme Committee or Subsidiary Board, from the members of such Scheme Committee or Subsidiary Board, whose duty it is to adjudicate Appeals.

4.2.4 Complaint

A written submission sent to SAIW Certification Secretariat, either via email or registered post, whereby a Complainant lodges a complaint in respect of the competence, integrity or quality of work of any Certified or Qualified Person or Organisation.

4.2.5 Complainant

An Applicant, Candidate, Certified Person or Organization who/which has submitted a formal written Complaint, as per 4.2.4 above.

4.2.6 Complaints Panel

A group of at least two suitably competent/qualified persons, appointed by the relevant Scheme Committee secretariat. Members of the secretariat may be members of the Complaints Panel.

4.2.7 Days

All reference to days in this document refers to working days, excluding weekends and public holidays.

4.2.8 Enquiry Panel

A group of at least three suitably qualified persons nominated by the relevant Scheme Committee or Subsidiary Board, from the members of such Scheme Committee or Subsidiary Board, whose duty it is to adjudicate Complaints referred to it by the Complaints Panel.

4.2.9 Respondent

Any Applicant, Certified Person, Qualified Person or Organisation that has had a formal Complaint lodged against him/her/it as per 4.2.4 above.

4.2.10 Review

A written request made by any interested party for reconsideration of any decision made by the Inquiry Panel, in respect of procedural irregularities in an Inquiry.

4.2.11 Review Panel

Define.

4.3. Reference Documents

4.3.1 SANS ISO 17021 Conformity assessment – Requirements for bodies providing audit and certification of management systems.

4.3.2 SANS ISO 17024 Conformity assessment – General requirements for bodies operating certification of persons.

4.3.3 IIW Doc IAB-001 Rules for the implementation of IIW Guidelines for the education, examination and qualification of welding personnel.

4.3.4 IIW Doc IAB-339 Rules for ANBCCs Operating the IIW Manufacturer Certification Scheme.

4.3.5 IIW Doc IAB-341 Rules for Implementation of IIW Scheme for Certification of Personnel with Welding Coordination Responsibilities.

4.4. Notification of Rights On Complaint, Appeal or Review to Applicants

Every applicant for certification shall be given a copy of Form GF 01 or GF 02 which sets out the rights and obligations of all applicants, candidates, complainants, appellants and respondents in the event of receipt by SAIW Certification Secretariat of a complaint, application for appeal or application for review.

4.5. Complaints

4.5.1 Receipt of complaints

4.5.1.1     A   description   of   the   complaints   procedure   shall   be   made   publically accessible as required by ISO 17021 on the SAIW website. Any person (‘the Complainant’) may submit a Complaint in writing to SAIW Certification Secretariat regarding the competence, integrity or quality of work of any Applicant, Candidate or Certified Person or Organisation (‘the Complaint’).

4.5.1.2     SAIW Certification Secretariat shall be obliged to acknowledge receipt of the Complaint  in writing  within  15 (fifteen)  days  of receipt  of same  and shall within the same period of time be obliged to send a copy of the Complaint (and  any  supporting documentation  supplied  to  SAIW  Certification Secretariat by the Complainant in support of the Complaint) to the person against whom the Complaint was laid (‘the Respondent’).

4.5.1.3     The Respondent shall be required, within 20 (twenty) days after receipt of the notice referred to in clause 4.4.1.2 of this Operating Procedure, to furnish a written  response  to  the  SAIW  Certification  Secretariat,  setting  out  his/her version of events and providing supporting documentation in respect of same (if any).

4.5.1.4     SAIW Certification Secretariat, shall within 15 (fifteen) days of receipt of the Complaint,  appoint  a  panel  to  consider  the  Complaint  (‘the  Complaints Panel’)   consisting   of  not  less  than  2  (two)  persons   selected   by  the Secretariat,  which  Complaints  Panel  shall be appointed  within  20 (twenty) days of the referral of the Complaint to the Secretariat.

4.5.2 The Complaints Panel

4.5.2.1     No  person  who  has  a  conflict  of  interests  may  sit  as  a  member  of  the Complaints Panel.

4.5.2.2     The Complaints Panel shall within 20 (twenty) days of appointment, convene at a time and place it deems convenient, to consider the Complaint.

4.5.2.3     The Complaints Panel shall consider the Complaint based on the information contained in the Complaint itself and the Respondent’s  written response, if any, (and any supporting documentation in support of same).

4.5.2.4     The   Complaints   Panel   shall   be  obliged   to  furnish   SAIW   Certification Secretariat,  the Complainant and Respondent with written confirmation of its decision and reasons  therefore  within  15 (fifteen)  days of the date  of the meeting at which the Complaint was considered.

4.5.2.5      The Complaints Panel may make a finding either:

4.5.2.5.1      That  the  Complaint  has  no  merit,  in  which  case  it  shall  be obliged  to  dismiss  the  Complaint,  or  that  the  Complaint  has merit, or that is of too serious or complex a nature to be decided by the Complaints Panel, in which case, it shall be obliged to recommend to the relevant Scheme Committee that it appoint a panel   of   no  less  than   3  (three)   persons   to  conduct   an investigation into the Complaint (‘The Inquiry Panel’ which shall hold a ‘Complaint Inquiry’).

4.5.2.6     Any person aggrieved by a decision of the Complaints Panel shall be entitled to, within 20 (twenty) days of receipt of the findings and reasons of the Complaints   Panel,   send   a   written   request   to   the   SAIW   Certification Secretariat  that a Complaint  Inquiry be held to consider  the Complaint,  in which event SAIW Certification Secretariat shall forthwith inform the relevant Scheme Committee of such request.

4.5.2.7     The  relevant  Scheme  Committee  shall  be  obliged  to  appoint  the  Inquiry Panel within 20 (twenty) days of receipt of a recommendation from the Complaints Panel or a request from a person aggrieved by a decision of the Complaints Panel.

4.5.2.8     In the instance that a period of more than 1(one) year or any other period of time, that is unreasonably long in the circumstances,  has elapsed since the discovery  of  the  act  or  omission  that  gave  rise  to  the  Complaint,  the Complaints Panel shall be entitled to find that the Complaint has no merit on the  grounds  that  insufficient  evidence  is  available  to  substantiate  such Complaint due to the effluxion of time.

4.5.3     Inquiry Panel

4.5.3.1     The Inquiry Panel shall be obliged  to notify the Complainant,  Respondent and relevant scheme committee  within 10 (ten) days of its appointment,  of the date, time and venue of the Complaint Inquiry, which shall be held within 20 (twenty) days of appointment of the Inquiry Panel.

4.5.3.2     The  Inquiry  Panel  shall  record  the  conduct  of its  meeting  in  the form  of minutes or a transcription, which minutes/transcription  are to be signed and ratified as a true and correct record of the proceedings by all of the members of the Inquiry Panel within 10 (ten) days from the date of the meeting of the Inquiry Panel.

4.5.3.3     A copy of such minutes/transcription  shall be made available within 10 (ten) days  of  receipt  by SAIW  Certification  Secretariat  of  a written  request  for same. If the minutes/transcription  are not yet available at the time of request, such records  shall be made  available  within 10 (ten) days of such record being received by SAIW Certification Secretariat.

4.5.3.4     The Inquiry Panel shall be obliged to consider  the Complaint  in a manner that  is fair  and  reasonable  in the  circumstances,  taking  into  account  the values of openness, transparency and accountability.

4.5.3.5    The Complaint shall be read to the Inquiry Panel.  In the event that the Respondent  is present in person, the Chairperson  of the Complaint Inquiry shall ensure that the Respondent understands the nature of the Complaint(s) made against him, and his rights in respect of same.

4.5.3.6     Neither the Respondent  nor the Complainant  shall be obliged to appear at the Complaint Inquiry in person, unless the Respondent is required by the Inquiry Panel, on reasonable notice, to appear and give evidence in person. In the event that the Respondent  or Complainant  does appear  in person, such person shall be required to answer questions put to him truthfully and accurately, to the best of his knowledge and belief.

4.5.3.7      The  Respondent  shall  not  entitled  to  legal  representation  in  front  of  the Inquiry Panel.

4.5.3.8     The Secretariat shall appoint a person to represent the Complainant in the Complaint Inquiry, provided that no member of the Secretariat who sat as a member of the Complaint Panel shall be eligible to take part in the Complaint Inquiry in any manner.

4.5.3.9     The Complainant  and the Respondent  (and or their Representatives)  shall both be given the opportunity to present their evidence to the Inquiry Panel and  call witnesses,  and  shall  be  entitled  to  ask  questions  and  cross- examination the representative for other side or its witnesses.

4.5.3.10   In the event that the Respondent is not a first language English speaker, he will be entitled to request the services of an interpreter or fellow staff member to aid him with translation during the Complaint Inquiry at his own cost.

4.5.4     Findings of the Inquiry Panel

4.5.4.1     The Inquiry Panel shall make a finding that either the Complaint is valid or that the Complaint is not valid.

4.5.4.2     In the event that the Inquiry Panel finds that the Complaint is not valid, it shall dismiss same.

4.5.4.3     In the event that the Inquiry Panel finds that the Complaint is valid, it shall recommend appropriate sanction to the SAIW Certification Governing Board or  in  the  event  that  the  Governing  Board  has  delegated  authority  to  the relevant Scheme Committee to deal with the Complaint, it shall recommend appropriate sanction to the relevant Scheme Committee.

4.5.4.4     The Inquiry  Panel  shall  furnish  the  SAIW  Certification  Secretariat  with its decision  and  written  reasons  therefore  within  15  (fifteen)  days  of  the finalisation of the Complaint Inquiry. Thereafter the SAIW Certification Secretariat shall have 10 (ten) days in which to communicate the findings of the Inquiry Panel to the Complainant, The Respondent and the Scheme Committee.

4.5.4.5     The Inquiry Panel shall be entitled to withhold its decision for any period of time that is reasonable  in the circumstances  where it is not in a position to make an informed decision for lack of evidence, information or otherwise.

4.5.5     Right of Appeal

4.5.5.1     In  the  event  that  the  Respondent   or  Complainant   is  aggrieved   by  a substantive decision of the Inquiry Panel he may, within 20 (twenty) days of receipt of the written findings of the Inquiry Panel, lodge an application for Appeal  with  the  SAIW  Certification  Secretariat,  in  which  event  such  an Appeal  shall be dealt with in accordance  with the provisions of clause 4.7 below.

4.5.5.2     Application may be made to the Appeals Panel for condonation for the late lodgement of an Appeal application in the event that the time period referred to in clause 4.4.6.1 of this operating  procedure has expired, in which case the Appeals Panel shall consider whether special circumstances exist that render the condonation of the late lodgement of the Appeal, equitable in the circumstances, before considering the merits of the case.

4.5.6     Right of Review

In the event that the Respondent or Complainant is aggrieved by a procedural decision of  the  Inquiry  Panel,  he/she  may  within  20  (twenty)  days  of  receipt  of  the  written findings  of  the  Inquiry  Panel,  lodge   an  application   for  Review  with  the  SAIW Certification Secretariat, in which event such Review shall be dealt with in accordance with the provisions of clause 4.6 of this operating procedure.

4.6       Appeals Against Decisions of The Inquiry Panel

Any aggrieved Complainant or Respondent of a decision of an Inquiry Panel, may lodge an application for Appeal with SAIW Certification in accordance  with the provisions contained in clause 4.5 of this operating procedure.

For  the  sake  of  clarity,  we  refer  to  the  parties  as  they  are  referred  to  in  respect  of the Complaints and Inquiry Procedure.

4.6.1     Receipt of Application for Appeal

4.6.1.1     Upon  receipt  of  an  application  for  Appeal,  SAIW  Certification  Secretariat shall  forthwith  notify  the  relevant  Scheme  Committee,  which  shall acknowledge  receipt  of the application  in writing  within  10 (ten) days and notify  the Complainant  and  Secretariat  that  an  Appeal  has  been  lodged within the same period.

4.6.1.2     The Governing Board shall be obliged, within a period of not more than 10 (ten) days from the date of lodgement of the Appeal application, refer the application for Appeal to the relevant Scheme Committee, which Scheme Committee   shall  be  obliged  within  20  (twenty)  days  of  receipt  of  the application  for Appeal,  to appoint an Appeals  Panel  consisting  of not less than 3 (three) persons.

4.6.1.3     An  explanation  of the  Appeals  procedure  shall  be  made  available  to the public as required by ISO 17021.

4.6.2     The Appeals Panel

4.6.2.1      No person  who  has a conflict of interests  may serve  as a member  of an Appeals Panel.

4.6.2.2     The Appeals Panel shall be obliged to, within 10 (ten) days of appointment, advise the Complainant,  the Respondent  and the SAIW Certification Secretariat, in writing, of the date on which the Appeals Panel will convene to hear the Appeal and who the members of the Appeal Panel will be, which hearing  shall  take  place  not less  than  40  (forty)  days  from the  date  that notice of the hearing is given.

4.6.3     Rights in an Appeal

4.6.3.1     Both  parties  may  not  be  legally  represented  at the  Appeal  hearing.  The Appeals  Panel,  however,  will have the discretion  to allow the either party legal representation  in cases that are of a very serious or complex nature. The decision of the Appeals Panel as to whether the either party shall be allowed legal representation is final and shall be binding.

4.6.3.2     The Appeals Panel may take into account any one or more of the following factors when determining whether or not a matter is of a serious or complex nature:

4.6.3.2.1       If the decision appealed is one against the findings of an Inquiry Panel; the nature of the Complaint and the potential impact of an Appeals Panel confirming the findings of an Inquiry Panel;

4.6.3.2.2       The degree of factual or legal complexity or technicality of the matter and the evidence to be led;

4.6.3.2.3        Whether the Appeal will be heard by trained judicial officers;

4.6.3.2.4       Whether   the   Respondents’   actions/   omissions   jeopardised public  safety  or  caused   or  could   potentially   have  caused damage or injury to any person or property; and/ or

4.6.3.2.5       Whether  the  Respondent  is  at  a  disadvantage   because  of his/her race, culture, language or background.

4.6.3.3     The Respondent shall not be obliged to appear at the hearing in person,unless  the  Respondent  is required  by the  Appeals  Panel,  on  reasonable notice, to appear in person, or in the case of an Organization to send a representative to appear on its behalf, to give evidence. In the event that the Respondent appears in person, he/she shall be required to answer any questions  put  to him/her  truthfully  and  to the  best  of  his  knowledge  and belief,  failing  which  appearance  or  answering  of  questions,  the  Appeals Panel may confirm the findings of the Inquiry Panel appealed against.

4.6.3.4     In the event that either party is not a first language English speaker, or in the event  of an  Organisation  is not  represented  by a first language  speaker, he/she will be entitled to request the services of an interpreter or fellow staff member to aid him during the Appeal hearing with translation.

4.6.4     The Hearing of the Appeals Panel

4.6.4.1     The Appeals Panel shall treat the Appeal as an Appeal in the wide sense and  shall  (unless  otherwise  agreed  in writing  by both parties)  re-hear  the matter de novo.

4.6.4.2      The Secretariat shall appoint a person to represent the Complainant  at the Appeal hearing.

4.6.4.3     In the event that the Respondent appears in person, the Chairperson of the Appeals Panel will be obliged to ensure that the Appellant understands the nature  of the  Complaint  against  him/her  and  his/her  rights  in  respect  of same.

4.6.4.4     Either Party (or their representatives) shall be entitled to lead evidence at the Appeal,  which  evidence  shall  be  restricted  to  that  led  before  the  Inquiry Panel.

4.6.4.5    The Appeals Panel shall record the hearing in the form of minutes or a transcription,  which  minutes  are  to  be  signed  and  ratified  as  a  true  and correct record of the proceedings by all of the members of the Appeals Panel within 15 (fifteen) days from the date of the Appeal.

4.6.4.6     A copy of such minutes/transcription  shall be made available within 10 (ten) days, upon receipt by SAIW Certification Secretariat of a written request for same. In the event that such minutes/transcription  are not yet available  to SAIW Certification Secretariat,  such records shall be made available to the Appellant within 10 (ten) days of being made available to SAIW Certification Secretariat.

4.6.4.7     The  Appeals  Panel  shall  be  obliged  to  consider  the  subject  matter  and conduct the Appeals procedure, in a manner that is fair and reasonable  in the circumstances, taking into account the values of openness, transparency and accountability.

4.6.4.8    If agreed by either party, the Respondent may, on application, allow the Respondent to make written submissions to the Appeals Panel instead of appearing in person to give evidence.

4.6.5     Findings of the Appeals Panel

4.6.5.1     The Appeals  Panel  shall  not be obliged  to make  a finding  at the Appeal hearing and may adjourn for a period of no longer than 15 (fifteen) days to review the Appeal record and evidence before making a finding.

4.6.5.2       The Appeals Panel shall be entitled, however, to withhold its decision for any period of time that is reasonable  in the circumstances,  where it is not in a position to make an informed decision for lack of evidence, information or otherwise.

4.6.5.3     The  Appeals   Panel   shall  be  obliged   to  furnish   the  Complainant,   the Secretariat and the Respondent with written confirmation of the finding and reasons therefore, within 15 (fifteen) days of the date of the hearing at which the decision was taken.

4.6.5.4     In  the  event  that  the  Appeals  Panel  confirms  the  findings  of  the  Inquiry Panel, it shall recommend an appropriate  sanction to the Governing Board, or in the event that the Governing Board has delegated the authority to the relevant Scheme Committee to deal with the Complaint Inquiry, then the Complaint  Inquiry  shall  recommend  appropriate  sanction  to  the  relevant Scheme Committee.

4.6.5.5      The findings the Appeals Panel shall be final and binding.

4.6.6     Sanctions Imposed by Appeals Panel

4.6.6.1      The  Appeals  Panel  may  recommend  any  one  or  more  of  the  following sanctions:

4.6.6.1.1       That a written warning be issued to the Respondent,  to refrain from future conduct of the same or similar nature;

4.6.6.1.2       That the Respondent’s certification be suspended for a period determined to be recommended by the Appeals Panel;

4.6.6.1.3       That the Respondent’s  certification be revoked with immediate effect from the date of the finding of the Appeals Panel;

4.6.6.1.4       That   the   suspension   or   revocation   of   the   Respondent’s certification be published with immediate effect on the SAIW website   and   if   applicable,   in   any  other   industry   specific newsletter or periodical; and/or

4.6.6.1.5       Any other sanction that the Appeals Panel in its sole discretion deems suitable.

4.7       Reviews Against Decisions of the Inquiry Panel

Any person aggrieved by a decision of an Inquiry Panel may lodge an application for Review with  SAIW  Certification  Secretariat,  in  which  case  such  a  Review  shall  be  conducted  in accordance with the provisions of clause 4.6 of this operating procedure.

For  the  sake  of  clarity,  we  refer  to  the  parties  as  they  are  referred  to  in  respect of the Complaints and Inquiry Procedure.

4.7.1     Upon receipt of an application for Review, SAIW Certification Secretariat shall forthwith notify  the  SAIW  Certification  Governing  Board,  who  shall  within  10  (ten)  weeks  of receipt of the application, appoint a Review Panel and advise the Respondent, the Complainant and the Secretariat in writing, of the constitution of the Review Panel and the date of the Review Meeting, which meeting shall be held within 20 (twenty) days of appointment of the Review Panel.

4.7.2   The Review Panel shall consist of minimum of 3 (three) suitably qualified persons.

4.7.3 The Review Panel shall convene on the date of the Review Meeting to reconsider the procedure utilised by the Inquiry Panel in its consideration of the Complaint.

4.7.4     The Review Panel shall have reference to only the record of the Inquiry Panel hearing that was presented to the Inquiry Panel.   No new evidence may be introduced to the Review Panel.

4.7.5     The Review Panel shall review the decision of the Inquiry Panel and determine whether the decision taken by the Inquiry Panel was procedurally fair.

4.7.6     The Review Panel shall either confirm or overturn the finding of the Inquiry Panel or confirm  the finding of the Inquiry Panel but recommend  that a different  sanction  be imposed by the Governing Board of SAIW Certification.

4.7.7     The Review Panel shall within 10 (ten) days of the date of the Review Meeting notify the Respondent, the Secretariat and the Complainant in writing of the outcome of the Review and the reasons therefore.

4.7.8     The  Review  Panel  shall  keep  records  of  its  meeting,  in  the  form  of  minutes  or transcription, which record shall be made available to interested parties upon receipt by SAIW  Certification  Secretariat  in  writing  mutatis  mutandis  within  the  provisions  of clauses 4.4.3.3 of this operating procedure.

4.7.9     The decision of the Review Panel shall be final and binding.

4.8       Complaints and Appeals against SAIW Certification

4.8.1     Any Applicant, Candidate, or Qualified or Certified Person or Organisation may submit a complaint in writing to SAIW Certification Secretariat regarding any decision of any Scheme Committee in connection with any part or the whole of the certification process (including the decision to recommend or not to recommend any person or organization for certification to the Governing Board, or the decision to certify any person taken by a Scheme Committee in terms of any authority delegated to it by the Governing Board).

4.8.2     SAIW Certification  Secretariat  shall notify the Governing  Board and the Complainant within 15 (fifteen) days of receipt such Complaint, and in the event that the necessary supporting documentation has not been furnished to SAIW Certification Secretariat with the Complaint, SAIW Certification shall request that the Complainant provide it with the requisite  supporting  documentation.  SAIW  Certification  shall  simultaneously  request that the person or organization against whom the Complaint was laid submit to it his version of events in writing.

4.8.3     The Governing Board shall as soon as is reasonably practicable (after the receipt of the documentation  referred to in paragraph  4.7.2 of this operating procedure)  convene a panel of members of the Governing Board or nominees thereof, of at least 3 (three) persons  to consider, based on the papers before  it, whether the Complaint  has any merit.

4.8.4     If the Governing  Board finds that there is no merit to the Complaint,  it shall dismiss same.

4.8.5     If the Governing Board finds that there is merit to the Complaint, it shall deal with the Complaint in any manner it deems appropriate in the circumstances.

4.8.6     The Governing Board shall be obliged to notify the Complainant and SAIW Certification of its decision, provide written reasons therefore, and furnish the Complainant with the details of the relevant accreditation body referred to in paragraph 4.7.9 in this operating procedure   within  15  (fifteen)  days  of  the  meeting  at  which  the  Complaint  was considered, provided that the Governing Board shall be entitled to withhold its decision and reasons therefore for any period of time that is reasonable in the circumstances information or otherwise.

4.8.7     Further, in the instance that a period of more than 1 (one) year, or ay other period of time that is unreasonably long in the circumstances, has elapsed since the discovery of the act or omission  that  gave  rise to the Complaint,  the Governing  Board  shall be entitled to find that the Complaint has no merit if the circumstances surrounding the Complaint  are such that insufficient  evidence is available either to substantiate  or to refute such Complaint.

4.8.8     The Governing Board shall be entitled at any time to require the Complainant or SAIW Certification against whom the Complaint is laid, to make further written submissions to it regarding the Complaint, or to appear before it and answer fully and truthfully all questions put to it by the Governing Board.

4.8.9     In the event that the Complainant  is not satisfied  with the decision  of the Governing Body, he shall be entitled to appeal further to the relevant accreditation  authority, in which event the appeal to such accreditation authority shall be dealt with in terms of the rules and regulations of the relevant accreditation body.

4.9       Confidentiality

SAIW Certification, the Governing Board, and all employees and subcontractors of SAIW Certification, as well as any member of any panel/ or committee nominated or appointed by SAIW Certification or its Governing Board or any Scheme Committee to which authority has been delegated in terms hereof, shall be required to keep all information pertaining to all Complaints, Appeals and/or Reviews confidential.

4.10      Time Periods

4.10.1     To the extent that any obligation is placed on any person or panel or body of SAIW Certification  to do  anything  in  terms  of  this  Operating  Procedure  GOP  04  within  a specified  time frame,  the failure  of such  person/panel/body  to comply  with the time periods  set  out  herein  (provided  such  failure  is  not  mala  fide  and/or  does  not unreasonably prejudice a Complainant/Respondent) shall not entitle such Complainant/Respondent  to  bring  appeal  or  review  proceedings  in  terms  of  this Operating   Procedure,   or  to  claim  otherwise   (in  any  court  or  dispute  resolution procedure)  that the failure to comply  with such time periods prejudiced  such person and that the proceedings are accordingly subject to review/appeal by any other body.

4.10.2    Furthermore,  to  the  extent  that  any  Complainant/Respondent  fails  to  do  anything required in terms of this Operating Procedure within the time periods specified herein, SAIW  Certification  shall  not  be  obliged  to  take  any  further  action  in  terms  of  this Operating Procedure until such time as the relevant Complainant/Respondent has complied with their obligations as set out herein.

4.10.3    In the instance that the actions of the Complainant/Respondent cause an inordinate delay in the finalization of any of the procedures set out above, SAIW Certification shall have the right to notify such Complainant/Respondent that if they have not complied with their obligations  herein within 7 (seven) days of receipt of such notice, that the relevant Complaint/Inquiry/Appeal/Review procedure shall be terminated.

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