Page:Promotion of Equality and Prevention of Unfair Discrimination Amendment Act 2002.pdf/4

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Act No. 52, 2002

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

(a)

before the date of commencement of section 31; or

(b)

as contemplated in section 31(6),

and whose name has been included on the list contemplated in subsection (3), may be appointed or designated as such under subsection (1)(a).

(3) The Director-General of the Department must compile and keep a list of every officer or person who has—

(a)

completed a training course as contemplated in section 31(6); or

(b)

been designated or appointed as a clerk an equality court in terms of subsection (1)(a).”.

Amendment of section 31 of Act 4 of 2000

3. The following section is hereby substituted for section 31 of the principal Act:

“Implementation of Act

31. (1) Despite section 16(1) no proceedings may be instituted in any court unless a presiding officer and one or more clerks are available.

(2) For purposes of giving full effect to this Act and making the Act as accessible as possible—

(a)

and in giving effect to subsection (1), judges, magistrates or additional magistrates, as the case may be, and clerks referred to in subsection (1) may be—

(i)

designated as presiding officers; and

(ii)

appointed or designated as clerks,

respectively, for one or more equality courts;

(b)

the Minister must make the Act available in all official languages in the prescribed manner within a period of two years after the commencement of this Act.

(3) The Director-General of the Department must take all reasonable steps within the available resources of the Department to ensure that a clerk is available for each court in the Republic.

(4) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with a view to building a dedicated and experienced pool of trained and specialised presiding officers, for purposes of presiding in court proceedings as contemplated in this Act, by providing—

(a)

social context training for presiding officers; and

(b)

uniform norms, standards and procedures to be observed by presiding officers in the performance of their functions and duties and in the exercise of their powers.

(5) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (4).

(6) The Director-General of the Department must develop and implement a training course for clerks of equality courts with the view to building a dedicated and experienced pool of trained and specialised clerks, for purposes of performing their functions and duties as contemplated in this Act, by providing—

(a)

social context training for clerks; and

(b)

uniform norms, standards and procedures to be observed by clerks in the performance of their functions and duties.

(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (4) and (5).”.