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Table of Contents
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)
Notice No. 136 of 2000
Act
Preamble
Chapter 1 : Definitions, Objects, Interpretation, Guiding Principles and Application of Act
1. Definitions
2. Objects of Act
3. Interpretation of Act
4. Guiding principles
5. Application of Act
Chapter 2 : Prevention, Prohibition and Elimination of Unfair Discrimination, Hate Speech and Harassment
6. Prevention and general prohibition of unfair discrimination
7. Prohibition of unfair discrimination on ground of race
8. Prohibition of unfair discrimination on ground of gender
9. Prohibition of unfair discrimination on ground of disability
10. Prohibition of hate speech
11. Prohibition of harassment
12. Prohibition of dissemination and publication of information that unfairly discriminates
Chapter 3 : Burden of Proof and Determination of Fairness or Unfairness
13. Burden of proof
14. Determination of fairness or unfairness
15. Hate speech and harassment not subject to determination of fairness
Chapter 4 : Equality Courts
16. Equality courts and presiding officers
17. Clerks of equality courts
18. Witnesses
19. Rules and court proceedings
20. Institution of proceedings in terms of or under Act
21. Powers and functions of equality court
22. Assessors
23. Appeals and reviews
Chapter 5 : Promotion of Equality
24. General responsibility to promote equality
25. Duty of State to promote equality
26. Responsibility of persons operating in public domain to promote equality
27. Social commitment by all persons to promote equality
28. Special measures to promote equality with regard to race, gender and disability
29. Illustrative list of unfair practices in certain sectors
Chapter 6 : General Provisions and Implementation of Act
30. Regulations
31. Implementation of Act
Chapter 7 : Review of Act, Short Title and Commencement
32. Establishment of Equality Review Committee
33. Powers, functions and term of office of Equality Review Committee
34. Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status
35. Short title and commencement
Schedule
Illustrative List of Unfair Practices in certain Sectors
1. Labour and employment
2. Education
3. Health care services and benefits
4. Housing, accommodation, land and property
5. Insurance services
6. Pensions
7. Partnerships
8. Professions and bodies
9. Provision of goods, services and facilities
10. Clubs, sport and associations
Notices
Establishment of Equality Review Committee and Appointment of Members thereof
Notice No. R. 874 of 2000
Regulations
Regulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2003
Notice No. R. 764 of 2003
Chapter I : General Provisions
1. Definitions
Chapter II : Clerks of Equality Courts
2. Application for appointment as clerk
3. Appointment requirements of clerk
4. Conditions of appointment of clerk
5. Additional functions of clerk
Chapter III : Equality Court Proceedings
6. Institution of proceedings
7. Service and submission of documents
8. Attendance of proceedings
9. Confirmation of court order
10. Powers and functions of court
11. Withdrawal of complaints
12. Fees and costs
Chapter IV : Assessors
13. Criteria in respect of assessors
14. Factors relating to the summons of assessors
15. Taking of oath
16. Role of presiding officer
17. Recusal of assessor
18. Honoraria
Chapter V : Appeals and Review
19. Appeals
20. Review
Chapter VI : Equality Review Committee
21. Terms and conditions of appointment of members of Committee
22. Powers and functions of Committee
Chapter VII : Promotion of Equality by the State
23. Request for progress report
24. Preparation of equality plan by State
25. Manner of dealing with equality plan
26. Progress report
27. Availability of Act in official languages
Chapter VIII : Promotion of Equality by all persons
28. Application of Chapter
29. Promotion of equality by entity with 150 and more employees
30. Promotion of equality by entity with more than 50 but less than 150 employees
31. Promotion of equality by entity with less than 50 employees
32. Offences and penalties
33. Tabling of report on training courses
34. Short title and commencement
Annexures
Annexure A : Forms 1 - 6
Annexure B : Forms
Annexure C : Code of Practice
1. Purpose and Status of the Code
2. Background
3. Application of the Code
4. Content of Code
5. Contact Particulars
Chapter V : Appeals and Review
Purchase
19. Appeals
20. Review
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