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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)

Chapter 4 : Equality Courts

17. Clerks of equality courts

 

1)
a) Subject to subsection (2) and 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.
b) If a clerk of an equality court is for any reason unable to act as such or if no clerk has been appointed or designated for any equality court under paragraph (a), the presiding officer concerned may. Despite subsection (2), designate any competent officer in the Department to act as clerk for as long as the said clerk is unable to act or until a clerk is appointed or designated under paragraph (a), as the case may be,

 

2) Only an officer or person contemplated in subsection (1)(a) who has completed a training course as clerk of an equality court -
a) before the date of commencement of section 31 ; or
b) as contemplated in section 31(6), and whose name has been included on the list contemplated in subsection (3), may be appointed or designated as such under subsection (1)(a)

 

3) The Director-General of the Department must compile and keep a list of every officer or person who has -
a) completed a training course as contemplated in section 31(6); or
b) been designated or appointed as a clerk of an equality court in terms of subsection (1)(a).

 

4) The Director-General may, subject to such conditions as he or she may determine, in writing delegate any power conferred on him or her by this section to an officer employed by the Department, but shall not be divested of any power so delegated and may amend or set aside any decision of the delegate made in the exercise of such power.