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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 II : Clerks of Equality Courts

5. Additional functions of clerk


1) In addition to the functions prescribed by the Act, a clerk must-
a) upon receipt of the notification contemplated in regulation 6(1),open a file and number the matter with a consecutive number of the year;
b) keep a register in which he or she records -
i) the particulars of the parties involved in each matter;
ii) the number of the matter referred to in paragraph (a);
iii) the relief requested;
iv) the date and the outcome of the inquiry;
v) the outcome of an appeal or review, if applicable; and
vi) the particulars of the alternative forum to which the matter was referred, the date of referral and the outcome of the matter if applicable;
c) mark every document received afterwards with such number as assigned to the specific matter;
d) file any documentation received on the appropriate file;
e) assist to the best of his or her ability a person who is illiterate or disabled with the completion of any document relating to the proceedings in the court;
f) if a person instituting proceedings is not represented or assisted -
i) inform the person of his or her right to representation;
ii) inform the person of the assistance available to him or her by constitutional institutions or other non-governmental organisations;
iii) inform and explain to that person his or her rights and remedies in terms of the Act to the best of his or her ability;
iv) assist a person further by reading or explaining any documentation to him or her; and
v) explain the process and procedures relating to the attendance of witnesses;
g) perform the duties assigned to him or her in terms of these regulations;
h) subpoena a witness to attend the inquiry at the request of a party or by direction of the court;
i) inform a witness that he or she is entitled to witness fees and ensure that a witness is assisted in this regard where necessary; and
j) perform the duties of the clerk of a civil court insofar as it is necessary to give effect to the provisions of the Act.