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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 III : Equality Court Proceedings

6. Institution of proceedings

 

1) A person, an association or a commission contemplated in section 20 of the Act, wishing to institute proceedings in terms of the Act, must notify the clerk of his or her intention to do so on a form which corresponds substantially with Form 2 of the Annexure.

 

2) The clerk must within seven days after receipt of the notice referred to in subregulation (1) -
a) notify the respondent on a form which corresponds substantially with Form 3 of the Annexure that proceedings have been instituted against him or her; and
b) invite the respondent, if he or she so wishes, to submit the information contemplated in paragraph C of Form3 of the Annexure in writing within 10 days of the receipt of such notice.

 

3) The clerk must, within seven days after receipt of the response of the respondent contemplated in subregulation (2)(b), submit a copy thereof to the complainant.

 

4) The clerk must, within three days after the expiry of the period contemplated in subregulation (2)(b), refer the matter to a presiding officer, who must, within seven days after receiving the documentation relating to the matter, decide whether the matter is to be heard in the court or whether it should be referred to an alternative forum.

 

5) If the presiding officer decides that the matter is to be heard in the court, the presiding officer must refer the matter to the clerk who must, within three days after such referral, assign a date for the directions hearing.

 

6) The clerk must, after a date of the directions hearing has been assigned, notify the complainant and the respondent on a form which corresponds substantially with Form 4 of the Annexure, of the date of the directions hearing.

 

7) If the presiding officer decides that the matter must be referred to an alternative forum he or she –
a) must make an order in a form which corresponds substantially with paragraph 1 of Part A of Form 5 of the Annexure; and
b) may make remarks or comments he or she deems necessary for the attention of the alternative forum in writing on a form which corresponds substantially with paragraph 2 of Part A of Form 5 of the Annexure.

 

8) On receipt of an order contemplated in subregulation (7), the clerk must, in the manner determined by the presiding officer -
a) submit all relevant original documents relating to the matter, including the order, to the alternative forum mentioned in the order;
b) retain certified copies of all the documentation relating to the matter;
c) forward a copy of the order to the parties; and
d) notify the parties of the documents submitted to the alternative forum referred to in paragraph (a).

 

9) On receipt by the alternative forum of the documents referred to in subregulation (8)(a), the alternative forum must notify the parties and the clerk in writing of the receipt of the matter.

 

10) The alternative forum to which the matter is referred, must within 60 days after receipt of the documents referred to in subregulation (8), submit a report on the progress made in respect of the matter to the clerk.

 

11) When the matter is resolved by the alternative forum, the forum must immediately inform the clerk of the outcome of the matter.

 

12) If the alternative forum refers the matter back to the court, such referral must be in writing on a form which corresponds substantially with Part B of Form 5 of the Annexure, stating the reasons why the matter was referred back.

 

13) The court must, within seven days from the date on which the matter was returned to the court, give instructions in respect of the adjudication of the matter.

 

14) The clerk must immediately inform the parties of the date of the directions hearing in the manner contemplated in subregulation (6).

 

15) Upon written application to the presiding officer, and in the case of an urgent matter, the presiding officer may direct a deviation from the periods of time specified in the regulations.