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Act No. 4, 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

(b)

the issue and service of process;

(c)

the execution of judgments or orders;

(d)

the imposition of penalties for non-compliance with orders of court, for obstruction of execution of judgments or orders, and for contempt of court;

(e)

jurisdiction, subject to subsection (3),

and in so far as no other provision has been made in the regulations under section 30 of this Act.

(2) All proceedings before the court must be conducted in open court, except in so far as the court may direct otherwise in the interests of the administration of justice.

(3) (a) Subject to paragraph (b), nothing in this Act precludes a magistrates’ court sitting as an equality court from making an order contemplated in section 21(2), which exceeds the monetary jurisdiction of a magistrates’ court, in which case the order must be submitted in the prescribed manner to a judge of the High Court having jurisdiction for confirmation.

(b) The operation of paragraph (a), relating to the confirmation of an order, is suspended until any appeal contemplated in section 23 is finalised,

Institution of proceedings in terms of or under Act

20. (1) Proceedings under this Act may be instituted by—

(a)

any person acting in their own interest;

(b)

any person acting on behalf of another person who cannot act in their own name;

(c)

any person acting as a member of, or in rhe interests of, a group or class of persons;

(d)

any person acting in the public interest;

(e)

any association acting in the interests of its members;

(f)

the South African Human Rights Commission, or the Commission for Gender Equality.

(2) A person wishing to institute proceedings in terms of or under this Act must, in the prescribed manner, notify the clerk of the equality court of their intention to do so.

(3) (a) The clerk of the equality court must, within the prescribed period of receiving such notification, refer the matter to a presiding officer of the equality court in question, who must, within the prescribed period, decide whether the matter is to be heard in the equality court or whether it should be referred to another appropriate institution, body, court, tribunal or other forum (hereafter referred to as an alternative forum) which, in the presiding officer’s opinion, can deal more appropriately with the matter in terms of that alternative forum’s powers and functions.

(b) If the presiding officer decides that the matter is to be heard in the equality court, the presiding officer must refer the matter to the clerk of the equality court who must within the prescribed period of such referral assign a date of hearing of the matter.

(4) The presiding officer, before making a decision to refer a matter as contemplated in subsection (3), must take all relevant circumstances into account, including the following:

(a)

The personal circumstances of the parties and particularly the complainant;

(b)

the physical accessibility of any contemplated alternative forum;

(c)

the needs and wishes of the parties and particularly the complainant;

(d)

the nature of the intended proceedings and whether the outcome of the proceedings could facilitate the development of judicial precedent and jurisprudence in this area of the law;

(e)

the views of the appropriate functionary at any contemplated alternative forum.

(5) (a) If the presiding officer decides that the matter must be referred to an alternative forum he or she must, in the prescribed manner, make an order, directing the clerk of the equality court to transfer the matter to the alternative forum mentioned in the order.

(b) When making an order contemplated in paragraph (a), the presiding officer may attach to the order any comments he or she deems necessary for the attention of the alternative forum.

(6) On receipt of an order referred to in subsection (5), the clerk of the equality court must transfer the matter and notify the parties to the matter of the transfer in the prescribed manner.

(7) On receipt of a matter transferred to it, the alternative forum in question must deal with the matter expeditiously in terms of its powers and functions.