Although significant progress has been made in restructuring and transformation our society and its institution, systemic inequalities and unfair discrimination remain challenges in our Constitutional Democracy.
The promotion of equality and prevention of unfair discrimination Act 2 of 2000 (known as equality legislation) is enacted in line with Section 9 of the Constitution and international instruments such as the concentration on the elimination of all forms of discrimination against women and the convention on the elimination of all forms of racial discrimination. The purpose of the act was to prevent and prohibit unfair discrimination on the grounds of race, gender, disability, prohibition of hate speech, harassment and dissemination or publication of unfair discriminatory information to address these inequalities and unfair discrimination.
The Department of Justice and Constitutional Development in conjunction with the Human Rights Commission, The Gender Commission, the Public Protector and other key stakeholders will be hosting a public education and awareness event at Ventersdorp on 19 June 2009 at 10h00 in the morning aimed at making the public, government institution, members of the different professions and professional bodies aware of the equality legislation.
Despite that, the Department has been raising awareness about this legislation which seeks to address systematic inequalities and unfair discrimination; awareness rising is an ongoing process. This is evident after seeing racist practices exposed by ETV in its Third Degree Programme.
“Its disturbing to see that there are some of our white counterparts who still discriminates our people based on colour after 15 years of democratic dispensation. Recently we saw Third Degree, highlighting some white doctors who are still unfairly discriminating their patients on the basis of race or colour in Ventersdorp and Schweizer-Reneke.
The medical doctors had two entrances and two receptions to his consulting rooms, intended to deal separately with his white and black patients respectively. This practise has been going for a long time until ETV exposed this racist practise. This in itself contravenes the right to equality as entrenched in Section 9 of the Constitution, the Bill of Rights as well as the provisions of the Promotion of Equality and the Prevention of Unfair Discrimination Act, 2000 known as Equality Act.
Patients are encouraged to come forward and lodge their complaints in the Equality Courts. The act requires presiding officers and clerks to be trained and designated to serve in the equality courts and for the equality court to be designated as such.
“In our region we have trained 33 magistrates and 33 clerks and 20 magistrate's courts, including the courts in Ventersdorp and Schweizer-Reneke and the high court have been designated as equality courts. All the other courts that are not designated they fall under the area of jurisdiction of the designated courts, which means if cases arises in those courts they can still be heard by the designated courts. The rest of the courts will be designated in this financial year,” said Mrs Raesibe Tladi Director Legal Services.
“Constitutional institutions such as the Human Rights Commission, Gender Commission, Public Protector have a mandate to investigate these matters and conclude them without referring them to the equality court. In turn the equality court can refer some of these matters to these institutions. The Constitutional institutions are also competent to assist complainants to institute proceedings in an equality court, particularly complainants which are disadvantaged or complainants can approach our courts directly and they will be assisted by the equality clerks. We have a duty to promote equality as state and the relevant Constitutional institutions by raising awareness as we are doing.
“Not knowing your rights is tantamount to not having them at all. Informed communities will be in a position to come forward and launch complaints, we will also continue working with our constitutional institutions such as the Human Rights Commission, The Gender Commission, The Public Protector and relevant stakeholders, farming organisations such as Agri forum in and around Ventersdorp and Schweizer-Reneke in the fight against in equality of unfair discrimination. We have capable courts with well trained judicial officers and clerks. We however depend on the complainants to come forward to complain to their nearest courts,” Concluded Regional Head Mr Tsietsi Malema
Enquiries:
Isaac Mokaila
Tel: 018 389 8355
Cell: 073 742 3906
Mr Tsietsi Malema
Tel: 018 389 8301
E-mail: tzmalema@justice.gov.za
Issued by: Department of Justice and Constitutional Development,
North West Provincial Government
17 June 2009
