Page:Promotion of Equality and Prevention of Unfair Discrimination Amendment Act 2002.pdf/2

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Act No. 52, 2002

Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002

General explanatory note:

[                    ]	Words in bold type in square brackets indicate omissions from existing enactments.
	Words underlined with a solid line indicate insertions in existing enactments.

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(English text signed by the President.)
(Assented to 30 December 2002.)

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Act

To amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to further provide for the training and designation of presiding officers of equality courts for purposes of the Act; to provide for the designation of magistrates’ courts as equality courts; to further regulate the training of the clerks of equality courts; and to provide for matters connected therewith.

Be it enacted by the Parliament of the Republic of South Africa, as follows:―

Substitution of section 16 of Act 4 of 2000

1. The following section is hereby substituted for section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (hereinafter referred to as the principal Act):

“Equality courts and presiding officers

16. (1) For the purposes of this Act. but subject to section 31—

(a)

every High Court is an equality court for the area of its jurisdiction;

(b)

any judge may, subject to subsection (2), be designated in writing by the Judge President as a presiding officer of the equality court of the area in respect of which he or she is a judge;

(c)

the Minister must, after consultation with the head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), by notice in the Gazette—

(i)

designate one or more magistrate’s courts as equality courts for the administrative region concerned;

(ii)

define the area of jurisdiction of each equality court, which may consist of any number of districts, sub-districts or other areas of jurisdiction created in terms of section 2 of the Magistrates’ Courts Act, 1944;