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

Regulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Chapter IV : Assessors

16. Role of presiding officer

 

1) An assessor must, when considering an appropriate order contemplated in section 21 (2) of the Act, assist the presiding officer in an advisory capacity only.

 

2) The presiding officer must adjourn the proceedings regarding any matter or question contemplated in section 22(3) of the Act and must sit alone for the hearing of such proceedings and the decision of such matter or question.

 

3) Whenever the presiding officer makes a decision in terms of section 22(3) of the Act, he or she must give reasons for the decision.

 

4) The presiding officer must, before a determination of whether unfair discrimination, hate speech or harassment, as the case may be, has taken place is made, explain to an assessor any specific rule of evidence or any other matter that is relevant in respect of the evidence tendered to the court.

 

5) The clerk must for the purposes of section 22(6)(b) of the Act, in any manner he or she deems fit, forward the reasons of the presiding officer and the record of the proceedings to the appeal court concerned.