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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Act No. 4, 2000

(b) The High Court in question must, after considering the matter, make a determination in respect of the ground referred to in subsection (5)(a) and thereafter may make any order in terms of this Act as it deems fit.

(c) The operation of subsection (5)(a) is suspended until any appeal contemplated in this section is finalised.

Chapter 5

Promotion of equality

General responsibility to promote equality

24. (1) The State has a duty and responsibility to promote and achieve equality.

(2) All persons have a duty and responsibility to promote equality.

Duty of State to promote equality

25. (1) The State must, where necessary with the assistance of the relevant constitutional institutions—

(a)

develop awareness of fundamental rights in order to promote a climate of understanding, mutual respect and equality;

(b)

take measures to develop and implement programmed in order to promote equality; and

(c)

where necessary or appropriate—

(i)

develop action plans to address any unfair discrimination, hate speech or harassment;

(ii)

enact further legislation that seeks to promote equality and to establish a legislative framework in line with the objectives of this Act;

(iii)

develop codes of practice as contemplated in this Act in order to promote equality, and develop guidelines, including codes in respect of reasonable accommodation;

(iv)

provide assistance, advice and training on issues of equality;

(v)

develop appropriate internal mechanisms to deal with complaints of unfair discrimination, hate speech or harassment;

(vi)

conduct information campaigns to popularise this Act.

(2) The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes.

(3) In addition to the powers and functions of the constitutional institutions these institutions are also competent to—

(a)

assist complainants in instituting proceedings in an equality court, particularly complainants who are disadvantaged;

(b)

conduct investigations into cases and make recommendations as directed by the court regarding persistent contravention of this Act or cases of unfair discrimination, hate speech or harassment referred to them by an equality court;

(c)

request from the Department, in the prescribed manner. regular reports regarding the number of cases and the nature and outcome thereof.

(4) All Ministers must implement measures within the available resources which are aimed at the achievement of equality in their areas of responsibility by—

(a)

eliminating any form of unfair discrimination or the perpetuation of inequality in any law, policy or practice for which those Ministers are responsible; and

(b)

preparing and implementing equality plans in the prescribed manner, the contents of which must include a time frame for implementation of such plans, formulated in consultation with the Minister of Finance.

(5) (a) The equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission to be dealt with in the prescribed manner.

(b) The South African Human Rights Commission must consult with the Commission on Gender Equality when dealing with the plans contemplated in paragraph (a).