Equality Courts are not closing down
10 July 2009

The Department of Justice and Constitutional Development wishes to point out that there is no intention to shut down Equality Courts. On the contrary, every effort is being made to ensure that these courts are fully functional and continue to serve the public.

The South African public is urged to approach these courts whenever they experience cases of unfair discrimination, hate speech and harassment. The Minister of Justice and Constitutional Development, Mr Jeff Radebe, announced during his Budget Vote Speech on 24 June 2008, that in this financial year that all the magisterial districts will have designated equality courts and this will go a long way in enhancing access to justice. Every step is being taken by the Department to ensure that equality courts are fully functional.

In the last year approximately 445 equality cases were reported. This number represents a significant increase of cases from the year 2007/08 wherein the number of cases reported was only 200. The department would like to see more people using these courts and in this regard a number of awareness campaigns are being continuously carried out in order to popularise these courts. The department has intensified its educational campaigns and workshops to popularise the Equality Act and Equality Courts.

We would also like to point out that Presiding Officers in Equality courts are not appointed solely to deal with equality matters, but continue to handle other judicial functions and deal with equality court matters as they are reported in the equality court. Therefore, reports that Judges in Equality Courts have been sent to other courts as they did not have cases, are incorrect.

Presiding Officers in equality courts are designated by the Judge President in cases of Judges and Heads of Administrative Regions in cases of magistrates. These Presiding Officers are designated from the existing pool of Judges and magistrates following completion of a training course as a presiding officer of an equality court.

The Minister of Justice and Constitutional Development is responsible for the designation of equality courts in terms of section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The designation of equality courts has taken place in three phases with the intention to have equality courts in all the magisterial districts in the Republic.

The first two phases took place in 2003 and 2004 respectively wherein 219 courts were designated as equality courts. The third and last phase has commenced and the Minister of Justice and Constitutional Development has approved a notice to be published in the Government Gazette declaring all magisterial districts to have equality courts. This therefore means that prior to the finalisation of this phase there are 219 equality courts operating currently in terms of the notices published in the Government Gazette. There has never been at any stage 300 Equality Courts in South Africa.

Enquiries:
Zolile Nqayi
Cell: 082 898 6483

Issued by: Department of Justice and Constitutional Development
10 July 2009

One of my chief concerns is the accessability of specialised courts.

http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71619?oid=135895&sn=Marketingweb+detail

Now, some Equality Courts have been opened with great public fanfare, and, after a few initial sucesses, they are ‘closing down’, though remaining with the jurisdiction to deal with such issues. The prolifiration of ‘kinds of court’ does not at all assist in dealing with issues at hand – what must happen is that the existing courts, especially the lower courts (with a proven capability to work faste and more efficiently than the High Court – - now I’m sure to be stoned!) should receive the competence (‘jurisdiction’) to deal with the issues at hand. Magistrates have for long been willing (and even yearning) to impose life inprisonment for deserving cases, and to provide justice in civil, and family, and equality, and administrative, and … matters. But, politics (and the Constitution) have kept them separate, and so did the laws passed by parliament since 1994, and how must the public know that, for ordinary criminal and civil matters, I have to go to the magistrate’s court; for equality matters, I have to go to a designated magistrate’s court; for administrative justice matters, I have to go to a designated magistrate’s court; for maintenance matters, I have to go to the magistrate’s court’s maintenance officials; for domestic violence issues, I have to go to the magistrates’ officials dealing with such issues; for …; for …

Can’t they, for once, elect real lawyers to Parliament so that the laws that are passed are not ‘toothless paper tigers’?

http://www.news24.com/Content/SouthAfrica/News/1059/9d0498cefb814692853dacb597c28e26/09-07-2009%2010-07/Malema_at_equality_court

im sure Malema will make sure the equality courts stay in business

I remember reading about Prof’s partner (in 2003) being denied entry into some place in Somerset West, if I remember correctly. In that case it was not because of sexual orientation but race masked as inappropriate attire. This happens far more often than one cares to imagine. I’ve refused to go to a club that has discriminatory policies. The problem really is that people don’t know their legal options and if they do, its too much effort to actually go through with it.

I guess the ANC can continue to claim that it fought for our (and my) rights to equality. But thius is an empty claim. They should fight for the rights of those who are different to them as well, such as homosexuals and the disabled.