# Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002

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This South African Act of Parliament, No. 52 of 2002, amended the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.
Note that [words in bold type in square brackets] indicate omissions from existing enactments, while words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 30 December 2002.)
Act
To amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to further provide for the training and designation of presiding officers of equality courts for purposes of the Act; to provide for the designation of magistrates’ courts as equality courts; to further regulate the training of the clerks of equality courts; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa, as follows:―
Substitution of section 16 of Act 4 of 2000
1. The following section is hereby substituted for section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (hereinafter referred to as the principal Act):
“Equality courts and presiding officers
16. (1) For the purposes of this Act. but subject to section 31—
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(v)
(d)
(2) Only a judge, magistrate or additional magistrate who has completed a training course as a presiding officer of an equality court—
(a)
(b)
and whose name has been included on the list contemplated in subsection (4)(a), may be designated as such in terms of subsection (1).
(3) The Judges President and the heads of administrative regions must—
(a)
(b)
(4) The Director-General of the Department must compile and keep a list of every judge, magistrate and additional magistrate who has—
(a)
(b)
(5) A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.”.
Amendment of section 17 of Act 4 of 2000
2. Section 17 of the principal Act is hereby amended by the—
(a)
“(a) Subject to subsection (2) and the laws governing the public service, the Director-General of the Department may, for every equality court, appoint or designate one or more officers in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the equality court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed.
(b) If a clerk of an equality court is for any reason unable to act as such or if no clerk has been appointed or designated for any equality court under paragraph (a), the presiding officer concerned may, despite subsection (2), designate any competent officer in the Department to act as clerk for as long as the said clerk is unable to act or until a clerk is appointed or designated under paragraph (a), as the case may be.”: and
(b)
“(2) Only an officer or person contemplated in subsection (1)(a) who has completed a training course as clerk of an equality court—
(a)
(b)
and whose name has been included on the list contemplated in subsection (3), may be appointed or designated as such under subsection (1)(a).
(3) The Director-General of the Department must compile and keep a list of every officer or person who has—
(a)
(b)
Amendment of section 31 of Act 4 of 2000
3. The following section is hereby substituted for section 31 of the principal Act:
“Implementation of Act
31. (1) Despite section 16(1) no proceedings may be instituted in any court unless a presiding officer and one or more clerks are available.
(2) For purposes of giving full effect to this Act and making the Act as accessible as possible—
(a)
(i)
(ii)
respectively, for one or more equality courts;
(b)
(3) The Director-General of the Department must take all reasonable steps within the available resources of the Department to ensure that a clerk is available for each court in the Republic.
(4) The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with a view to building a dedicated and experienced pool of trained and specialised presiding officers, for purposes of presiding in court proceedings as contemplated in this Act, by providing—
(a)
(b)
(5) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (4).
(6) The Director-General of the Department must develop and implement a training course for clerks of equality courts with the view to building a dedicated and experienced pool of trained and specialised clerks, for purposes of performing their functions and duties as contemplated in this Act, by providing—
(a)
(b)
(7) The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (4) and (5).”.
​Short title
4. This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002.
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