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

Chapter 1 : Definitions, Objects, Interpretation, Guiding Principles and Application of Act

4. Guiding principles

 

1) In the adjudication of any proceedings which are instituted in terms of or under this Act, the following principles should apply:
a) The expeditious and informal processing of cases, which facilitate participation by the parties to the proceedings;
b) access to justice to all persons in relevant judicial and other dispute resolution forums;
c) the use of rules of procedure in terms of section 19 and criteria to facilitate participation;
d) the use of corrective or restorative measures in conjunction with measures of a deterrent nature;
e) the development of special skills and capacity for persons applying this Act in order to ensure effective implementation and administration thereof.

 

2) In the application of this Act the following should be recognised and taken into account:
a) The existence of systemic discrimination and inequalities, particularly in respect of race, gender and disability in all spheres of life as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system and patriarchy; and
b) the need to take measures at all levels to eliminate such discrimination and inequalities.