Review of Act, Short Title and Commencement
CHAPTER 7
REVIEW OF ACT, SHORT TITLE AND COMMENCEMENT
32. Establishment of Equality Review Committee
The Minister must, immediately, upon promulgation of this Act, by notice in the Gazette, establish an Equality Review Committee and appoint members, consisting of—
(a) a senior judicial officer with appropriate qualifications;
(b) the Chairperson of the South African Human Rights Commission;
(c) the Chairperson of the Commission on Gender Equality;
(d) a representative of civil society;
(e) an expert in the field of human rights, especially the right to equality;
(f) a member of the National Assembly;
(g) a member of the National Council of Provinces.
[Commencement of s 32: 1 September 2000 (Proc. 54, G. 21517).]
33. Powers, functions and term of office of Equality Review Committee
(1) The Equality Review Committee—
(a) must advise the Minister about the operation of this Act;
(b) must advise the Minister about laws that impact on equality;
(c) must submit regular reports to the Minister on the operation of the Act, addressing whether the objectives of the Act and the Constitution have been achieved and must make recommendations on any necessary amendments to the Act to improve its operation;
(d) has the other powers and functions as prescribed.
(2) The Equality Review Committee may conduct its business and proceedings at its meetings as it deems fit.
(3) Members of the Equality Review Committee referred to in section 32(a), (d) and (e) are appointed for a period of five years and may be reappointed upon the expiry of their term of office.
(4) The other terms and conditions of appointment of members of the Equality Review Committee are as prescribed.
(5) The administrative work connected with the performance of the functions of the Equality Review Committee must be performed by officers designated by the Director-General of the Department.
(6) The members of the Equality Review Committee referred to in—
(a) section 32(d) and (e) are entitled to the remuneration, allowances and other benefits; and
(b) section 32(a), (b), (c), (f) and (g) are entitled to the allowances,
as may be determined by the Minister in consultation with the Minister of Finance.
[Commencement of s 33: 1 September 2000 (Proc. 54, G. 21517);
s 33(6) subs by s 33 of Act 66 of 2008.]
34. Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status
(1) In view of the overwhelming evidence of the importance, impact on society and link to systemic disadvantage and discrimination on the grounds of HIV/AIDS status, socio-economic status, nationality, family responsibility and family status—
(a) special consideration must be given to the inclusion of these grounds in paragraph (a) of the definition of “prohibited grounds” by the Minister;
(b) the Equality Review Committee must, within one year, investigate and make the necessary recommendations to the Minister.
[Commencement of s 34(1): 1 September 2000 (Proc. 54, G. 21517).]
(2) Nothing in this section—
(a) affects the ordinary jurisdiction of the courts to determine disputes that may be resolved by the application of law on these grounds;
(b) prevents a complainant from instituting proceedings on any of these grounds in a court of law;
(c) prevents a court from making a determination that any of these grounds are grounds in terms of paragraph (b) of the definition of “prohibited grounds” or are included within one or more of the grounds listed in paragraph (a) of the definition of “prohibited grounds”.
[Commencement of s 34(2): 16 June 2003 (Proc. 49, G. 25065).]
35. Short title
(1) This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000.