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Act No. 4, 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

(2) Any regulation made under this section which may result in expenditure for the State, must be made in consultation with the Minister of Finance.

(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months.

(4) (a) Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.

(b) If Parliament is not in session as contemplated in paragraph (a), the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.

(5) The regulations made in terms of this section, and particularly subsection (1)(a) relating to the procedure at an inquiry, must, as far as possible, ensure that the application of the Act is simple, fair and affordable.

Implementation of Act

31. (1) Despite section 16(1)(a) and (b), and until the Minister determines by notice in the Gazette, no proceedings may be instituted in any court unless—

(a)

a presiding officer is available who has been designated, by reason of his or her training, experience, expertise and suitability in the field of equality and human rights; and

(b)

one or more trained 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), the Minister may designate suitable magistrates, additional magistrates or judges, as the case may be, and clerks referred to in subsection (1) as presiding officers and 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 Minister must take all reasonable steps within the available resources of the Department to designate at least one presiding officer and ensure that a trained clerk is available for each court in the Republic.

(4) The Minister must, after consultation with the Magistrates Commission and the Judicial Service Commission, issue policy directives and develop training courses with a view to—

(a)

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

(b)

building a dedicated and experienced pool of trained and specialised presiding officers and clerks.

(5) The Minister must table a copy of any policy directive issued in terms of subsection (4) in Parliament within a reasonable period after the finalisation thereof.

Chapter 7

Review of Act, short title and commencement

Establishment of Equality Review Committee

32. The Minister must, immediately, upon promulgation of this Act, by notice in the Gazette, establish an Equality Review Committee and appoint members, consisting of—

(a)

a senior judicial officer with appropriate qualifications;

(b)

the Chairperson of the South African Human Rights Commission;

(c)

the Chairperson of the Commission on Gender Equality;

(d)

a representative of civil society;

(e)

an expert in the field of human rights, especially the right to equality;

(f)

a member of the National Assembly;

(g)

a member of the National Council of Provinces.