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Commission for Gender Equality Act, 1996 (Act No. 39 of 1996)

10. Independence

 

 

(1)
(a) The Commission shall be independent.
(b) A member of the Commission as well as a member of the staff of the Commission shall perform his or her functions in good faith and without fear, favour, bias or prejudice.

 

(2) No organ of state and no member or employee of an organ of state nor any other person shall interfere with, hinder or obstruct the Commission, any member thereof or a person appointed under section 6 (1) or 7 (1) or (5) in the performance of its, his or her functions.

 

(3) All organs of state, including any statutory body or functionary, shall afford the Commission such assistance as may reasonably be required for—
(a) the protection of its independence and dignity;
(b) the effective exercise of its powers and performance of its functions.

 

(4) No person shall conduct an investigation or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or any other interest which might preclude him or her from exercising or performing his or her powers and functions in a fair, unbiased and proper manner.

 

(5) If any person fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation while having an interest so contemplated in the matter being investigated, the Commission may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.