Portal:Acts of the Parliament of South Africa

“ Subject to the laws governing the public service, the Director-General of the Department may, for every equality court, appoint or designate one or more officers in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the equality court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed. ”

“ If the complainant makes out a prima facie case of discrimination—
(a)
the respondent must prove, on the facts before the court. that the discrimination did not take place as alleged; or (b)
the respondent must prove that the conduct is not based on one or more of the prohibited grounds.
(2) If the discrimination did take place—
(a)
on a ground in paragraph (a) of the definition of “prohibited grounds”, then it is unfair, unless the respondent proves that the discrimination is fair; (b)
on a ground in paragraph (b) of the definition of “prohibited grounds”, then it is unfair ”

“ The consolidation of democracy in our country requires the eradication of social and economic inequalities, especially those that are systemic in nature, which were generated in our history by colonialism, apartheid and patriarchy, and which brought pain and suffering to the great majority of our people ”

“ Prohibition of unfair discrimination on ground of gender
8. Subject to section 6, no person may unfairly discriminate against any person on the ground of gender, including—
(a)
gender-based violence; (b)
female genital mutilation; (c)
the system of preventing women from inheriting family property; (d)
any practice, including traditional, customary or religious practice, which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity and well-being of the girl child ”

“ 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. ”

“ Any person aggrieved by any order made by an equality court in terms of or under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction or the Supreme Court of Appeal, as the case may be. ”

“ This implies the advancement, by special legal and other measures, of historically disadvantaged individuals, communities and social groups who were dispossessed of their land and resources, deprived of their human dignity and who continue to endure the consequences ”

“ Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1) , to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation.
Prohibition of harassment
11. No person may subject any person to harassment. ”

“ 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. ”

“ 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. ”

“ The State and constitutional institutions must, as far as reasonably possible, assist any person wishing to institute proceedings in terms of or under this Act, amongst others, by ensuring that the person is directed to the appropriate functionary in order to take the necessary action in the furtherance of the matter in question. ”