To provide for the composition, powers, functions and functioning of the Commission on Gender Equality; and to provide for matters connected therewith.
'premises' includes land, any road, building or structure, or any vehicle, conveyance, ship, boat, vessel, aircraft or container.
The President shall determine the seat of the Commission.
The Commission may establish such offices as may be necessary to enable it to exercise its powers and to perform its duties and functions conferred on or assigned to it by this Act or any other law.
be persons with applicable knowledge or experience with regard to matters connected with the objects of the Commission.
Provided that if any nomination is not approved as required in paragraph (c) , the joint committee shall nominate another person.
Before the members of the Commission are appointed the Minister shall invite interested parties through the media and by notice in the Gazette to propose candidates within 30 days of the publication of the said notice, for consideration by the committee referred to in subsection (2) (b).
The members of the Commission may be appointed as full-time or part-time members and shall hold office for such fixed term, not exceeding five years, as the President may determine at the time of each appointment: Provided that the term of office of the full-time members shall not expire simultaneously.
No fewer than two and no more than seven members shall be appointed on a fulltime basis.
The President shall remove any member from office if such removal is requested by a joint committee contemplated in subsection (2) (b) ; and such request is approved by the National Assembly and the Senate by a resolution adopted by a majority of the total number of members of both Houses at a joint meeting.
The President may, in consultation with the Commission, appoint a part-time member as a full-time member for the unexpired portion of that part-time member's term of office.
A member of the Commission may resign from office by submitting at least three months' written notice thereof to Parliament unless Parliament by resolution allows a shorter period in a specific case.
A Chairperson of the Commission shall as often as it becomes necessary be appointed by the President and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.
When the Chairperson is not available, the Deputy Chairperson shall perform the functions of the Chairperson.
(8), takes effect.
A vacancy in the Commission shall be filled as soon as practicable in accordance with section 3 (2).
Any vacancy so filled shall be for the unexpired period of the term of office in respect of which the vacancy occurred.
The meetings of the Commission shall be held at the times and places determined by the Chairperson: Provided that the first meeting shall be held at the time and place determined by the Minister.
If both the Chairperson and Deputy Chairperson are absent from a meeting of the Commission, the members present shall elect one from among their number to preside at that meeting.
The quorum for any meeting of the Commission shall be a majority of the total number of members appointed in terms of section 3 (2).
The decision of the majority of the members of the Commission present at a meeting shall be the decision of the Commission, and in the event of an equality of votes concerning any matter, the member presiding shall have a casting vote in addition to his or her deliberative vote.
The Commission shall determine its own procedure: Provided that due regard shall be given to the principles of transparency, openness and public participation.
The Commission shall cause minutes to be kept of its proceedings.
The Commission may establish one or more committees consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for that purpose and for any period determined by it.
The Commission shall designate a chairperson for every committee and, if necessary, a deputy chairperson.
On completion of the functions assigned to it in terms of subsection (3), a committee shall submit a written report thereon, including recommendations, if any, for consideration by the Commission.
The provisions of section 5 shall, with the necessary changes, apply to a meeting of a committee.
The Commission shall not be absolved from responsibility for the performance of any functions entrusted to any committee in terms of this section.
shall perform such functions of the Commission as the Commission may assign to it.
The Commission shall at its first meeting or as soon as practicable thereafter in consultation with the Minister of Finance, appoint a suitably qualified and experienced person or a person seconded in terms of subsection (4) as Chief Executive Officer of the Commission for the purpose of assisting the Commission in the performance of its financial, administrative and clerical functions; and be assisted by such staff, seconded in terms of subsection (4) or appointed by the Commission in consultation with the Minister of Finance, as may be necessary to enable the Commission to perform its functions.
[Sub-s. (1) substituted by s. 35 (1) of Act 47 of 1997.
The persons appointed by the Commission in terms of subsection (1) shall receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as the Commission may, in consultation with the Minister of Finance, determine.
[Sub-s. (2) substituted by s. 35 (1) of Act 47 of 1997.
A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (2), shall be tabled in Parliament within 14 days after such determination.
If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.
The Commission may, in the performance of its functions contemplated in subsection (1) (a) , at its request, be assisted by officers in the public service seconded to the service of the Commission in terms of any law regulating such secondment.
[Sub-s. (4) substituted by s. 35 (1) of Act 47 of 1997.
The Commission may, in consultation with the Minister of Finance, in the exercise of its powers or the performance of its functions by or under this Act or any other law, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.
[Sub-s. (5) substituted by s. 35 (1) of Act 47 of 1997.
The remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be determined by the President.
The remuneration of the members of the Commission shall not be reduced during their term of office.
A part-time member of the Commission may, for any period during which that member, with the approval of the Commission, perform additional duties and functions, be paid such additional remuneration as may be determined by the President.
The provisions of section 7 (3) shall apply, with the necessary changes, in respect of the tabling in Parliament of a document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission.
Expenditure incidental to the performance of the functions of the Commission in terms of this Act or any other law shall be defrayed from money appropriated by Parliament in the same manner, with the necessary changes, and subject to the same laws, as in the case of the expenditure of a department of the National Government.
cause the necessary accounting and other related records to be kept; and shall perform the functions which the Commission may from time to time assign to him or her in order to achieve the objects of the Commission, and shall for those purposes be accountable to the Commission.
The records referred to in subsection (2) (b) (ii) shall be audited by the Auditor-General.
(a) The Commission shall be independent.
A member of the Commission as well as a member of the staff of the Commission shall perform his or her functions in good faith and without fear, favour, bias or prejudice.
No organ of state and no member or employee of an organ of state nor any other person shall interfere with, hinder or obstruct the Commission, any member thereof or a person appointed under section 6 (1) or 7 (1) or (5) in the performance of its, his or her functions.
the effective exercise of its powers and performance of its functions.
No person shall conduct an investigation or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or any other interest which might preclude him or her from exercising or performing his or her powers and functions in a fair, unbiased and proper manner.
If any person fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation while having an interest so contemplated in the matter being investigated, the Commission may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.
may consider such recommendations, suggestions and requests concerning the promotion of gender equality as it may receive from any source.
The procedure to be followed in conducting an investigation referred to in section 11 (1) (e) shall be determined by the Commission with due regard to the circumstances of each case.
The Commission shall from time to time by notice in the Gazette make known the particulars of the procedure which it has determined in terms of subsection (1).
If it is in the interest of justice or if harm to any person might otherwise ensue, the Commission or a member thereof may direct that any person or category of persons shall not be present at the proceedings during the investigation or any part thereof.
No person shall disclose to any other person the contents of any document in the possession of a member or a member of the staff of the Commission or the record of evidence given before the Commission during an investigation, unless the Commission determines otherwise.
Any person appearing before the Commission by virtue of the provisions of subsection (4) (b) and (c) may be assisted at such examination by an advocate or an attorney, or both, and shall be entitled to peruse such of the documents or records referred to in subsection (4) (b) as are necessary to refresh his or her memory.
require any person by notice in writing under the hand of a member of the Commission, addressed and delivered by a sheriff, to appear before it at a time and place specified in such notice and to produce to it specified articles or documents in the possession or custody or under the control of any such person: Provided that such notice shall contain the reasons why such person's presence is needed and why any such article or document should be produced.
through a member of the Commission, administer an oath to or take an affirmation from any person referred to in paragraph (b) , or any person present at the place referred to in paragraph (b) , irrespective of whether or not such person has been required under the said paragraph (b) to appear before it, and question him or her under oath or affirmation.
Any member of the Commission or a police officer authorised thereto by a member of the Commission may, for the purposes of exercising the powers and performing the functions mentioned in section 11, on the authority of a warrant issued in terms of subsection (5), search any person or enter and search any premises on which anything connected with an investigation is or is suspected to be.
if he or she wishes to retain anything contemplated in paragraph (e) for further examination or for safe custody, remove it from the person or premises against the issue of a receipt: Provided that any article that has been so removed, shall be returned as soon as possible after the purpose for which it was removed has been achieved: Provided further that if there is no person present to receive the receipt when it is issued, it shall be affixed to a prominent place on the premises.
Any person from whom information is required in terms of subsection (3) (a) and may be assisted in supplying the information by a legal representative and shall be so informed before being required to give such information.
A warrant referred to in subsection (1) shall only be issued by a magistrate, or a judge of the Supreme Court, if it appears to such magistrate or judge from information on oath that there are reasonable grounds for believing that any article or document, which has a bearing on the investigation is in the possession or under the control of any person or on any premises within the area of jurisdiction of such magistrate or judge and cannot reasonably be obtained in any other manner.
A warrant referred to in subsection (1) shall be executed by day.
his or her personal privacy.
the expiry of one month from the day of its issue, whichever may occur first.
A person executing a warrant under this section shall, at the commencement of such search, hand the person referred to in the warrant or the owner or the person in control of the premises, if such a person is present, a copy of the warrant: Provided that if no such person is present, he or she shall affix a copy of the warrant to the premises at a prominent and visible place.
A person executing a warrant under this section shall, at the commencement of such execution, identify himself or herself and if that person requires authorisation to execute a warrant under this section, the particulars of such authorisation shall also be furnished.
A person who may lawfully under this section enter and search any premises may use such force as may be necessary to overcome any resistance against such entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter and search such premises.
The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any article or document which is the subject of the search may be destroyed, disposed of or tampered with if the provisions of the said proviso are complied with.
If during the execution of a warrant in terms of subsection (5), a person claims that an article or document found on the person or premises contains privileged information and refuses the inspection or removal of such article or document, the person executing the warrant may request the registrar of the Supreme Court which has jurisdiction or his or her delegate, to attach and remove that article or document for safe custody until a court of law has made a ruling on the question whether or not the information in question is privileged.
Any person appearing before the Commission in terms of section 12 (4) (b) who is not in the public service, shall be entitled to receive from moneys appropriated by law for such purpose, as witness fees, an amount equal to the amount which he or she would have received as witness fees had he or she been summoned to attend criminal proceedings in the Supreme Court held at the place mentioned in the written notice in question.
If, in the execution of a warrant in terms of section 13 (5), it is necessary to use force to gain entry to premises as contemplated in section 13 (6) (a) and the force of such entry causes damage to any lock, door, window, wall or other part of the premises or to anything inside the premises, the Commission may order that such damage be made good from State funds: Provided that no such order shall be made if the person responsible for the premises was present at the time of entry and failed, without just cause, to facilitate the entry.
The Commission shall report to the President at least once every year on its activities and the achievement of its objectives, and the President shall cause such report to be tabled promptly in Parliament: Provided that the Commission may at any time submit any other report to the President and Parliament.
The findings of an investigation by the Commission shall, when it deems it fit, be made available to the complainant and any person implicated thereby.
The Commission may, at any time, approach the President or Parliament with regard to any matter relating to the exercise of its powers or the performance of its functions.
member of any committee who is not a member of the Commission, shall be liable in respect of anything reflected in any report, finding, point of view or recommendation made or expressed in good faith and submitted to Parliament or made known in terms of this Act.
acts contrary to the authority of a warrant issued under section 13 (5) or, without being authorised thereto under section 13, enters or searches any premises or attaches any article or document or performs any act contemplated in section 13 (3), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
This Act shall be called the Commission on Gender Equality Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.