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Act No. 4, 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Responsibility of persons operating in public domain to promote equality

26. It is the responsibility of any person directly or indirectly contracting with the State or exercising public power to promote equality by—

(a)

adopting appropriate equality plans, codes, regulatory mechanisms and other appropriate measures for the effective promotion of equality in the spheres of their operation;

(b)

enforcing and monitoring the enforcement of the equality plans. codes and regulatory mechanisms developed by them; and

(c)

making regular reports to the relevant monitoring authorities or institutions as may be provided in regulations, where appropriate.

Social commitment by all persons to promote equality

27. (1) Pursuant to section 26, all persons, non-governmental organisations, community-based organisations and traditional institutions must promote equality in their relationships with other bodies and in their public activities.

(2) The Minister must develop regulations in relation to this Act and other Ministers may develop regulations in relation to other Acts which require companies, closed corporations, partnerships, clubs, sports organisations, corporate entities and associations, where appropriate, in a manner proportional to their size, resources and influence, to prepare equality plans or abide by prescribed codes of practice or report to a body or institution on measures to promote equality.

Special measures to promote equality with regard to race, gender and disability

28. (1) If it is proved in tie prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence.

(2) The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act No. 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems.

(3) (a) The State, institutions performing public functions and all persons have a duty and responsibility, in particular to—

(i)

eliminate discrimination on the grounds of race, gender and disability;

(ii)

promote equality in respect of race, gender and disability.

(b) In carrying out the duties and responsibilities referred to in paragraph (a), the State, institutions performing public functions and, where appropriate and relevant, juristic and non-juristic entities, must—

(i)

audit laws, policies and practices with a view to eliminating all discriminatory aspects thereof;

(ii)

enact appropriate laws, develop progressive policies and initiate codes of practice in order to eliminate discrimination on the grounds of race, gender and disability;

(iii)

adopt viable action plans for the promotion and achievement of equality in respect of race, gender and disability; and

(iv)

give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability.

Illustrative list of unfair practices in certain sectors

29. (1) Without detracting from the generality of the provisions of this Act, the Schedule to this Act is intended to illustrate and emphasise some practices which are or may be unfair, that are widespread and that need to be addressed.

(2) The State must, where appropriate, ensure that legislative and other measures are taken to address the practices referred to in subsection (1).

(3) The Minister must, on the recommendation of the Equality Review Committee, on an ongoing basis, assess the relevance of the practices contained in the Schedule for puroses of expanding, altering, varying or amending the list of practices in the Schedule.

(4) The Schedule is also intended to provide an illustrative list of practices that are or may be unfair discrimination in order to—