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

Chapter 7 : Review of Act, Short Title and Commencement

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


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".