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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Act No. 4, 2000

Powers, functions and term of office of Equality Review Committee

33. (1) The Equality Review Committee—

(a)

must advise the Minister about the operation of this Act;

(b)

must advise the Minister about laws that impact on equality;

(c)

must submit regular reports to the Minister on the operation of the Act, addressing whether the objectives of the Act and the Constitution have been achieved and must make recommendations on any necessary amendments to the Act to improve its operation;

(d)

has the other powers and functions as prescribed.

(2) The Equality Review Committee may conduct its business and proceedings at its meetings as it deems fit.

(3) Members of the Equality Review Committee referred to in section 32(a), (d) and (e) are appointed for a period of five years and may be reappointed upon the expiry of their term of office.

(4) The other terms and conditions of appointment of members of the Equality Review Committee are as prescribed.

(5) The administrative work connected with the performance of the functions of the Equality Review Committee must be performed by officers designated by the Director-General of the Department.

(6) The members of the Equality Review Committee are entitled to such remuneration, allowances and other benefits as may be determined by the Minister in consultation with the Minister of Finance.

Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status

34. (1) In view of the overwhelming evidence of the importance, impact on society and link to systemic disadvantage and discrimination on the grounds of HIV/AIDS status, socio-economic status, nationality, family responsibility and family status—

(a)

special consideration must be given to the inclusion of these grounds in paragraph (a) of the definition of “prohibited grounds” by the Minister;

(b)

the Equality Review Committee must, within one year, investigate and make the necessary recommendations to the Minister.

(2) Nothing in this section—

(a)

affects the ordinary jurisdiction of the courts to determine disputes that may be resolved by the application of law on these grounds;

(b)

prevents a complainant from instituting proceedings on any of these grounds in a court of law;

(c)

prevents a court from making a determination that any of these grounds are grounds in terms of paragraph (b) of the definition of “prohibited grounds” or are included within one or more of the grounds listed in paragraph (a) of the definition of “prohibited grounds”.

Short title and commencement

35. (1) This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.

(2) Different dates may be so fixed in respect of different provisions of this Act.