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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 VII : Promotion of Equality by the State

25. Manner of dealing with equality plan

 

1) The South African Human Rights Commission must, upon receipt of an equality plan in terms of regulation 24(3)(d)(iv), submit the equality plan to the Commission on Gender Equality for purposes of consultation in terms of section 25(5)(b) of the Act.

 

2) On receipt of an equality plan contemplated in section 25(4)(b) of the Act, the South African Human Rights Commission must, with due regard to its functions and duties conferred upon it by section 184 of the Constitution and the provisions of the Act and the Human Rights Commission Act, 1994 (Act No. 54 of 1994), consider every equality plan with a view to -
a) ascertaining whether an equality plan addresses the areas of unfair discrimination and inequalities;
b) assessing whether the goals and objectives are directed towards the promotion of equality;
c) assessing whether the measures to be implemented will achieve the stated goals and objectives;
d) assessing whether the measures adopted to monitor the implementation of the equality plan are appropriate;
e) assessing whether the criteria to evaluate the implementation of the equality plan are appropriate;
f) assessing whether the equality plan will achieve reasonable progress towards the eradication of systemic discrimination and the promotion of equality;
g) in general, reporting on the shortcomings of the equality plan, if any;
h) making recommendations in regard to the equality plan; and
i) reporting on the above matters in its report to the National Assembly required in terms of section 181(5) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

 

3) The South African Human Rights Commission may, when considering an equality plan as contemplated in subregulation (2), also identify any important goal or objective not included in the equality plan and advise the relevant Minister regarding -
a) the goal or objective not included;
b) the effect thereof; and
c) measures to be implemented to achieve the goal or objective.

 

4) The South African Human Rights Commission may make any other recommendation it deems fit to the relevant Minister.