The Minister for Justice and Constitutional Development has, under section 30 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), made the regulations in the Schedule.

REGULATIONS RELATING TO THE PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION, 2000

1. Definitions

2. Application for appointment as clerk

3. Appointment requirements of clerk

4. Conditions of appointment of clerk

5. Additional functions of clerk

6. Institution of proceedings

7. Attendance of proceedings

8. Confirmation of court order

9. Powers and functions of court

PART I: CRITERIA FOR QUALIFICATION AS ASSESSOR

10. Criteria for qualification as assessor

PART II: ASSESSORS' COMMITTEE

11. Assessors' Committee

12. Functions of assessors' committee

13. Delegation and assignment of assessors' committee

14. Procedure at meetings of assessors' committee

PART III: ROLL OF ASSESSORS

15. Procedure regarding roll of assessors

16. Removal from roll of assessors

17. Allocation of assessors

PART IV: ASSESSORS AND COURT PROCEEDINGS

18. Factors relating to the summons of assessors

19. Taking of oath

20. The role of the presiding officer

21. Recusal of assessor

PART V: CONDUCT OF ASSESSORS

22. Code of conduct

23. Improper conduct

24. Complaints procedure

25. Appeal

PART VI: GRIEVANCES

26. Grievances

PART VII: MISCELLANEOUS

27. Offences

28. Training of assessors

29. Allowances

30. Disposal of documents

31. Appeals

32. Review

33. Terms and conditions of appointment of members of committee

34. Powers and functions of committee

35. Offences and penalties

36. Short title and date of commencement

1. Application for appointment as clerk in terms of section 17 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

2. Health Questionnaire

3. Institution of proceedings in terms of section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

4. Notice to respondent regarding the institution of proceedings in terms of section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

5. Notice to parties to appear in court in terms of section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

6. Subpoena to witnesses to appear before the Equality Court in terms of section 18 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

7. Referral of matter in terms of section 20(5)of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000)

1. Request for registration on roll of assessors in the Equality Court (Community Service as assessor)

Code of Conduct

1. In these regulations any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it and, unless the context otherwise indicates -

"administrative region" means an administrative region created by the Minister under section 2(2) of the Magistrates Court Act, 1944 (Act No. 32 of 1944);

"assessors' committee" means an assessors' committee established under regulation 11 of these regulations and for the purposes of regulations 24(5), (6), (7) and (8) and 25 also means, a subcommittee as the case may be;

"clerk" means a clerk of the equality court;

"court" means an equality court;

"Committee" means the Equality Review Committee established in terms of section 32 of the Act;

"day" means any day of the week other than a Saturday, Sunday or public holiday;

"Director-General" means the Director-General of the Department of Justice;

"inquiry" means an inquiry contemplated in section 21(1) of the Act;

"magistrate" means the magistrate of a district contemplated in section 9 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), excluding an assistant magistrate;

"Public Service Regulations" means the Public Service Regulations promulgated under section 41 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

"registrar" means a registrar of a High Court appointed under section 34 of the Supreme Court Act, 1959 (Act No. 59 of 1959) or a registrar appointed under any law not yet repealed by a competent authority and immediately before the commencement of the Constitution of the Republic of South Africa, 1996 (Act No. 108 van 1996), in force in any area which forms part of the national territory; and

"the Act" means the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000).

Application for appointment as clerk

2.(1) An application for appointment as a clerk, contemplated in section 17 of the Act, must be in writing on a form which corresponds substantially with Form 1 of Schedule A and must be submitted to the Director-General.

(2) The application referred to in subregulation (1) must be accompanied by-

(a) a certified copy of the identity document of the applicant;

(b) a health questionnaire which corresponds substantially with Form 2 of Schedule A;

(c) certified copies of all educational qualifications of the applicant;

(d) certificates of service or, if not available, an affidavit by the applicant in respect of previous periods of service rendered by him or her;

(e) testimonials, if available, from previous employers of the applicant; and

(f) the names and addresses of two references.

Appointment requirements of clerk

3.(1) A person may be appointed as clerk by the Director-General if he or she complies with the appointment requirements applicable in respect of the post of administrative clerk in the Department.

(2) The appointment of a clerk is subject to the completion of a course presented by the Head of Justice College.

4.(1) The Director-General may appoint a person as clerk for the period agreed to between the Director-General and the applicant, who shall be entitled to an all inclusive remuneration not exceeding R.....per month.

(2) The conditions of service of a person appointed as a clerk in terms of subregulation (1) shall be the conditions of service applicable in respect of a person appointed as clerk of the court in terms of section 13 of the Magistrates' Courts Act, 1944 (Act 32 of 1944).

5. In addition to the functions prescribed by the Act, the clerk must-

(a) upon the institution of proceedings, open a file and number the matter with a consecutive number of the year;

(b) keep a register in which he or she records -

(i) the particulars of the parties involved in each matter;

(ii) the number of the matter referred to in paragraph (a);

(iii) the relief requested;

(iv) the date and the outcome of the inquiry;

(v) the outcome of an appeal or review, if applicable; and

(vi) the particulars of the alternative forum to which the matter was transferred and the date thereof, if applicable;

(c) mark every document received afterwards with such number as assigned to the specific matter;

(d) file any documentation received on the appropriate file;

(e) assist a person to the best of his or her ability who, because of illiteracy or a disability is unable to institute proceedings in the court;

(f) if a person instituting proceedings is not represented or assisted -

(i) inform and explain to a person his or her rights and remedies to the best of his or her ability;

(ii) render further assistance to a person relating to the reading and explaining of documentation; and

(iii) explain the process and procedures relating to the attendance of witnesses;

(g) perform the duties assigned to him or her in terms of these regulations;

(h) subpoena, or otherwise inform the parties of the institution of proceedings and subpoena, a witness to attend the proceedings upon the request of a party;

(i) inform a witness that he or she is entitled to witness fees and ensure that a witness is assisted in this regard where necessary; and

(j) perform the duties of the clerk of a civil court insofar as it is necessary to give effect to the provisions of the Act.

6.(1) A person wishing to institute proceedings in terms of the Act, must in writing notify the clerk of his or her intention to do so on a form which corresponds substantially with Form 3 of Schedule A.

(2) The clerk of the court must within ..........days after receipt of the notice referred to in subregulation (1) -

(a) in any manner he or she deems fit notify the respondent on a form which corresponds substantially with Form 4 of Schedule A, that proceedings have been instituted against him or her; and

(b) invite the respondent, if he or she so wish, to submit the information contemplated in paragraph 3 of Form 4 of Schedule A in writing within .......days of the receipt of such notice.

(3) The clerk must, within ........days after receipt of the notice contemplated in subregulation (1) refer the matter to a presiding officer, who must within .......days after receiving the documentation relating to the matter, decide whether the matter is to be heard in the court or whether it should be referred to an alternative forum.

(4) If the presiding officer decides that the matter is to be heard in the court, the presiding officer must refer the matter to the clerk who must within ......days after such referral assign a date of hearing of the matter.

(5)(a) The clerk must, after a date of hearing has been assigned, inform the complainant and the respondent on a form which corresponds substantially, with Form 5 of Annexure A by service of the notice on the complainant and respondent by a sheriff, or in any other manner the clerk deems fit, provided that the clerk keeps record of the manner in which notice was served.

(b) A complainant or respondent who requires the notice contemplated in subparagraph (a) to be served, shall be responsible for the costs of such service, unless the clerk, after consideration of such proof as he or she may require, directs that the State must be responsible for the service of the notice, if he or she is satisfied that the complainant or the respondent does not have the means to pay such costs.

(6) If the presiding officer decides that the matter must be referred to an alternative forum he or she -

(a) must make an order in a form which corresponds substantially with paragraph 1 of Part I of Form 7 of Annexure A; and

(b) may make remarks or comments he or she deems necessary for the attention of the alternative forum in writing on a form which corresponds substantially with paragraph 2 of Part I of Form 7 of Annexure A.

(7) On receipt of an order contemplated in subregulation (6), the clerk must -

(a) submit all relevant original documents relating to the matter, including the order, to the alternative forum mentioned in the order in any manner he or she deems fit provided that record is kept of the manner in which the documents were so submitted;

(b) retain certified copies of all the documentation relating to the matter;

(c) forward a copy of the order to the parties; and

(d) notify the parties of the documents submitted to the alternative forum referred to in paragraph (a).

(8) On receipt by the alternative forum of the documents referred to in subregulation (7)(a), the alternative forum must notify the parties of the receipt of the matter.

(9) If the alternative forum refers the matter back to the court, such referral must be in writing on a form that corresponds substantially with Part II of Form 7, stating the reasons why the matter was referred back.

(10) The court must, within ............days from the date on which the matter was returned to the court, hear the matter.

(11) The clerk must forthwith inform the parties of the date of the hearing in the manner contemplated in subregulation (5).

7.(1)(a) A party wishing to have a witness subpoenaed, must within ......... days before the date of the inquiry request the clerk to issue a subpoena who must forthwith issue the subpoena.

(b) The subpoena issued must correspond substantially with Form 6 of Annexure A.

(c) After a subpoena contemplated in paragraph (a), has been issued the subpoena must be handed to the person who requested the subpoena who may -

(i) cause the subpoena to be served on the witness at own cost by a sheriff; or

(ii) bring the subpoena to the attention of the witness in a manner he or she deems fit, provided that the person keeps record of the manner in which the subpoena was brought.

(2)(a) The attendance of proceedings by a witness by direction of the court is secured by means of a subpoena, issued by a clerk, which corresponds substantially with Form 6 of Annexure A.

(b) The subpoena referred to subregulation (2)(a) must be served on the witness at state expense by a sheriff.

(3) A person subpoenaed to attend the proceedings as a witness, may be requested to produce any book, document or statement or object relating to the matter.

(4) Any witness attending the proceedings -

(a) by direction of the court is entitled to such allowance as if he or she were attending criminal proceedings as a witness for the State;

(b) at the request of the complainant or the respondent is entitled to such allowance as if he or she were attending criminal proceedings as a witness for the accused, if the court specifically so directs,

and the provisions of Government Notice No. R. 2596 of 1 November 1991, issued in terms of section 191(3) and 191(4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply in respect of such a witness with the necessary changes.

(5) The provisions of sections 188 and 189 of the Criminal Procedure Act, 1977 (act No. 51 of 1977), apply in respect of any witness subpoenaed to attend proceedings under these regulations with the necessary changes.

8.(1) If a magistrate's court, sitting as a court, makes an order which exceeds the monetary jurisdiction of the said court, the clerk must within ...........days after making such an order -

(a) inform the respondent that the order is to be submitted to the High Court for confirmation; and

(b) forward to the registrar of the High Court, the record of the proceedings or a copy thereof certified by the clerk.

(2) The registrar must lay the record of the proceedings referred to subregulation (1), before a judge of the High Court for confirmation.

9.(1) The inquiry should be conducted in an informal manner and in a manner that facilitates and promotes participation by the parties.

(2) The regulations regulating the proceedings of the inquiry must, as far as possible, be interpreted in a manner that gives effect to the object contemplated in subregulation (1).

(3) The proceedings should, where possible and appropriate, be conducted in an environment conducive to participation by the parties.

(4) The court is a court of record and-

(a) the proceedings at an inquiry must be recorded by the presiding officer or by a person appointed or designated thereto by the presiding officer;

(b) the proceedings at an inquiry must be taken down in shorthand or by mechanical means and may only be transcribed if the presiding officer so directs;

(c) the shorthand notes or any transcription thereof or any mechanical recording of the proceedings or transcription thereof must be certified as true notes, a true transcription, or a true record taken, as the case may be, whereafter it becomes part of the record of the proceedings and for purposes of disposal are regarded as records of the civil court.

(4) An affidavit made by a witness to the proceedings, may be allowed as evidence to the same extent as oral evidence unless a party objects thereto and if -

(a) such statement is in writing, signed by the person who made it and if it contains a declaration by such person that it is true to the best of his or her knowledge and belief and that he or she made the statement knowing that he or she may be guilty of an offence if he or she wilfully stated anything therein which he or she knew to be false; and

(b) the statement has come to the knowledge of the other party at least .........days before the inquiry.

(5) Save as is otherwise provided for in these regulations, the law of evidence, including the law relating to competency, compelability, as applicable in civil proceedings in a magistrate's court, applies in respect of an inquiry.

(6) The court must, before oral evidence is adduced, administer an oath to, or accept an affirmation from any witness or party appearing before the court, as if the witness or party were a witness in a criminal case.

(7) Any party to the proceedings may, during the proceedings in court, be represented by any person of his or her choice.

(8)(a) A party may not cross-examine any other party to the proceedings or a witness called by the latter party.

(b) The presiding officer must proceed inquisitorially to ascertain the relevant facts and to that end he or she may question any party or witness at any stage of the proceedings and may in his or her discretion permit any party to put a question to any other party or witness.

(9) The court must decide when sufficient evidence has been adduced on which a decision can be arrived at, and may order that no further evidence be adduced.

(10) The presiding officer may in exceptional cases postpone an inquiry.

PART I: CRITERIA FOR QUALIFICATION AS ASSESSOR

10. A person who is suitable and available to serve as an assessor in the court can be designated and registered as assessor in terms of these regulations if he or she -

(a) is at least 21 years of age, of sound mind and body and resident in the area in which he or she will serve as assessor;

(b) is respected in the community and preferably be involved in community activities;

(c) has knowledge of the cultural and social environment of a particular group of the community;

(d) has not been convicted of an offence of which violence, dishonesty, extortion or intimidation is an element or of corruption, perjury, or obstructing the due course of justice, arson or an offence under law relating to organised crime or the dealing in dependance-producing substances, unless amnesty has been granted to such a person in terms of national legislation;

(e) is not a political office bearer; and

(f) has not been removed from the roll of assessors on the grounds of improper conduct.

PART II: ASSESSORS' COMMITTEE

11. (1) The magistrate must in respect of the district establish and appoint an assessors' committee, after inviting nominations from the community of that district of members to serve on that committee.

(2) An assessors' committee established in terms of subregulation (1) -

(a) must consist of at least two but not more than six representatives of the community resident in the district, at least half of which must be assessors of the district; and

(b) may, in addition to the members referred to in paragraph (a), consist of any other suitable person in the district.

(3) A member of a committee holds office for a period specified in the letter of appointment but not exceeding 2 years and may be re-appointed on expiry of that term of office.

(4) A committee must -

(a) from its members elect a chairperson; and

(b) designate a person to act as secretary.

(5) If a member of the committee dies or vacates office, the remaining members of that committee may appoint another person as a member and the person so appointed serves for the unexpired portion of the predecessor's term of office.

(6) A committee may appoint a subcommittee which consists of a chairperson, an assessor referred to in subregulation(2)(a) and such other members of the committee as the committee may consider suitable.

12.(1) The functions of an assessors' committee are -

(a) the functions conferred upon an assessors' committee in terms of these regulations;

(b) to ensure that the assessors' system is effectively applied;

(c) to make recommendations regarding the training of assessors to the Director-General of the Department;

(d) to monitor the implementation of the assessors' system;

(e) to determine the number of persons whose names will be registered on the roll of assessors;

(f) to ensure that the persons registered on the roll of assessors reflect the composition of the community; and

(g) to ensure that all assessors are afforded an equal opportunity to serve as such.

(2) The assessor's committee established by the magistrate of the district in which a High Court sits as a court will also perform its functions, contemplated in these regulations, pertaining to assessors in such High Court.

13. (1) Subject to subregulations (2), (3), (4) and (5), the assessors' committee may, by resolution, delegate any power, and assign any duty or function, conferred or imposed on it in these regulations to a subcommittee or a member or members of the assessors' committee.

(2) The assessors' committee is not divested of any power or relieved of any duty or function it so delegated or assigned.

(3) A delegation or assignment -

(a) may be made subject to conditions determined by the assessors' committee; and

(b) must be communicated to the delegatee or assignee in writing.

(4) The written communication referred to in subregulation (3)(b) must contain full particulars of the matter delegated or assigned.

(5) The assessors' committee may, by resolution-

(a) amend or revoke a delegation or assignment made in terms of subregulation (1);

(b) withdraw any decision, other than a decision which confers a right on any third party, made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself.

14.(1) The first meeting of the assessors' committee must be held at the time and place determined by the magistrate and thereafter meetings are held at the times and places determined by the chairperson.

(2) The chairperson may at any time call a special meeting of the assessors' committee to be held at the time and place determined by him or her.

(3) All members of the assessors' committee must be notified in writing of every meeting of that committee.

(4) A majority of members of an assessors' committee or subcommittee present forms a quorum at any meeting of such a committee.

(5) The decision of the majority of all members of an assessors' committee or subcommittee present at a meeting thereof is the decision of such committee, and in the event of an equality of votes concerning any matter, the chairperson has a casting vote in addition to his or her deliberative vote.

(6) An assessors' committee or subcommittee must cause minutes to be kept of its meetings.

(7) Except where otherwise provided for in these regulations, an assessors' committee

or subcommittee determines its own procedure.

PART III: ROLL OF ASSESSORS

15.(1) The assessors' committee must, in the manner it deems fit, in its area invite persons to apply for registration as assessors.

(2) A person who wishes to serve as an assessor must submit to the assessors' committee in his or her area a form which corresponds substantially with Form 1 of Annexure B to the regulations.

(3) The committee must upon receipt of the form, contemplated in subregulation (2), - (a) ensure that the form is numbered with a consecutive number for the year in which the form was received ; and

(b) consider whether the criteria for the qualifications to serve as an assessor, contemplated in regulation 10, have been met.

(4) The committee may, when considering the criteria contemplated in subregulation (3)(b), require further information from any person in any manner it may deem fit.

(5) If, in the opinion of the assessors' committee, the criteria contemplated in subregulation (3)(b) -

(a) have been met, the committee must forthwith register the name of the person on the roll of assessors and inform that person accordingly; or

(b) have not been met, the committee must inform the person which criteria have not been met.

(6)(a) The assessors' committee must keep and maintain the roll of assessors.

(b) The roll of assessors must contain the following particulars of each person registered thereon :

(i) Full names.

(ii) Short description of his or her profile.

(iii) Contact numbers.

(iv) Employment- and residential address.

(v) Date of registration.

(vi) Reference number on the form contemplated in subregulation(3)(a).

(7)(a) A person informed in terms of subregulation (5)(b) may, within the period determined by the committee, submit to the committee for reconsideration any new information pertaining to the criteria which have, according to the committee, not been met.

(b) On receipt of the information contemplated in paragraph (a), subregulations (3)(b), (4) and (5) shall, with the necessary changes, apply.

16.(1) The name of a person registered on the roll of assessors must be removed from the roll by the assessors' committee -

(a) on request of the person ;

(b) if the person no longer meets the criteria for the qualification of persons to serve as assessors following a decision of the committee ;

(c) in terms of regulation 23(2).

(2) The assessors' committee may for the purposes of removing the name of a person from the roll of assessors in terms of subregulation (1)(b) or (c), require further information from any person in any manner it may deem fit.

(3) The assessors' committee must, before removing the name of a person from the roll of assessors in terms of subregulation (1)(b) or (c) -

(a) inform the person concerned that it is considering the removal of his or her name from the roll and state the reasons therefor; and

(b) invite the person concerned to submit reasons, within the period determined by the committee, why the committee should not remove his or her name from the roll.

(4)(a) The name of a person registered on the roll of assessors must be removed by the committee by deleting the name from the roll.

(b) The deletion must be signed and dated by the chairperson of the committee.

(5) The assessors' committee must inform a person whose name has been removed from the roll accordingly.

17.(1) The assessors' committee must compile a list of available assessors from the roll of assessors.

(2) Upon the request of a presiding officer of the equality court, the assessors' committee must forward the list referred to in subregulation (1) to the presiding officer.

(3) From the list of available assessors, the presiding officer must allocate an assessor or assessors for a specific case.

(4) The assessors' committee must notify the allocated assessor or assessors of the date, time and place of the case in which the service of such assessor or assessors is required.

PART IV: ASSESSORS AND COURT PROCEEDINGS

18. In considering whether summoning an assessor would be in the interest of the administration of justice, the presiding officer must take into account -

(a) the cultural and social environment of one or both of the parties;

(b) the educational background of one or both of the parties;

(c) the nature and seriousness of the complaint;

(d) the nature of the relief sought by the complainant;

(e) any particular interest which the community in general, or any specific community, may have in the adjudication of the matter concerned; or

(f) any other matter or circumstances which he or she may deem to be indicative of the desirability of summoning an assessor or assessors.

19. Every assessor must, upon registration on the roll of assessors referred to in regulation 15, in writing take an oath or make an affirmation subscribed by him or her before the magistrate of the district concerned in the following form:

"I ...............................(full name) do hereby swear/solemnly affirm that whenever I may be called upon to perform the functions of an assessor in terms of section 22 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, (Act No. 4 of 2000), I shall to the best of my ability make a considered finding or decision, or give a considered opinion, as the case may be, according to the evidence tendered in the matter.".

20.(1) An assessor must, when considering an appropriate order contemplated in section 21(2) of the Act, assist the presiding officer in an advisory capacity only.

(2) The presiding officer must adjourn the proceedings regarding any matter or question contemplated in section 22(3) of the Act and must sit alone for the hearing of such proceedings and the decision of such matter or question.

(3) Whenever the presiding officer makes a decision in terms of section 22(3) of the Act, he or she must give reasons for the decision.

(4) The presiding officer must, before a determination whether unfair discrimination, hate speech, or harassment, as the case may be, has taken place is made, explain to an assessor any specific rule of evidence or any other matter that is relevant in respect of the evidence tendered to the court.

(5) The clerk must for the purposes of section 22 (6)(b) of the Act, in any manner he or she deems fit, forward the reasons of the presiding officer and the record of the proceedings to the appeal court concerned.

21.(1) A presiding officer who is assisted by an assessor may, on application by a party order the recusal of the assessor from the proceedings if the presiding officer is satisfied that -

(a) the assessor has a personal interest in the proceedings concerned;

(b) there are reasonable grounds for believing that there is likely to be a conflict of interest as a result of the assessor's participation in the proceedings concerned; or

(c) there are reasonable grounds for believing that there is a likelihood of bias or prejudice on the part of the assessor.

(2) An assessor may recuse himself or herself from the proceedings for the reasons contemplated in subregulation (1).

(3)(a) The party not requesting the recusal must before the recusal of an assessor is ordered in terms of subregulation (1) be given an opportunity to address arguments to the presiding officer.

(b) The parties must in so far as it is practicable, before the recusal of an assessor in terms of subregulation (2), be given an opportunity to address arguments to the presiding officer on the desirability of such recusal.

(4) The assessor concerned must be given an opportunity to respond to any argument referred to in subregulation (3), and the presiding officer may put such questions regarding the matter to the assessor as he or she may deem fit.

(5) The presiding officer must give reasons for an order referred to in subregulation (1).

PART V: CONDUCT OF ASSESSORS

22. The code of conduct for assessors is the Code of Conduct contained in Annexure C to these regulations.

23. (1) An assessor may be charged with improper conduct if the assessor contravenes or does not comply with the Code of Conduct for assessors referred to in regulation 22.

(2) The assessors' committee may, if an assessor is found guilty of improper conduct -

(a) remove the assessor from the roll of assessors ;

(b) suspend the assessor for a specified period and subject to such conditions as the committee deems fit; or

(c) reprimand the assessor.

(3) Where an assessor assists as an assessor in proceedings that have already commenced, the assessors' committee must consult with the presiding officer concerned before removing that assessor from the roll of assessors in terms of subregulation (2)(a) or suspending that assessor in terms of subregulation (2)(b).

Complaint procedure against assessor

24.(1) Any complaint against an assessor must be in the form of a written affidavit, containing full details of the complaint and stating the nature, date and time of the incident, the name of the assessor and the names of any eye-witnesses to the incident, and must be submitted to the magistrate as soon as may be practicable after the incident.

(2) The magistrate must on receipt of the complaint forthwith submit the complaint to the secretary of the assessors' committee who in turn must -

(a) acknowledge receipt of the complaint received in writing to the complainant;

(b) keep record of each complaint received in terms of subregulation (1), and of the outcome thereof ; and

(c) forthwith place the complaint before the assessors' committee.

(3) The assessors' committee may on receipt of the complaint request further information from the complainant in order to clarify the complaint.

(4) The assessors' committee must within seven working days after receipt of the complaint or further information contemplated in subregulation (3), in the manner it deems fit, bring the complaint to the attention of the assessor concerned and that assessor may within seven working days after the complaint comes to his or her knowledge, respond in writing to the complaint.

(5) The assessors' committee may, in order to decide whether a complaint has merit or not, require in any manner from the complainant or assessor concerned such further information as it deems fit.

(6) The assessors' committee must consider each complaint and if it is of the opinion that -

(a) the complaint does not justify further action, it must inform the complainant in writing accordingly;

(b) the complaint justifies further action, it must deal with the complaint as it deems fit: Provided that the assessors' committee must deal with the complaint in accordance with the principles of administrative law and any legislation concerning just administrative action.

(7) The assessors' committee must keep or cause to be kept a record of any proceedings resulting from the complaint and of any evidence given, if applicable.

(8) The assessors' committee must within a reasonable period of time make a finding regarding the charge of improper conduct.

(9) The secretary of the assessors' committee must, in respect of a complaint contemplated in subregulation (6)(b), inform the complainant in writing of the outcome of the complaint and inform the assessor involved of his or her right to appeal in terms of regulation 25.

Appeal by an assessor

25. (1)(a) An assessor may appeal against a finding on a charge of improper conduct or of a decision of the assessors' committee contemplated in regulation 23, within 30 days from the date thereof, to the head of the administrative region concerned.

(b) An appeal must be lodged in writing with the head of the administrative region concerned, setting out the grounds on which the appeal is based and a copy thereof must be submitted to the assessors' committee.

(2) The assessors' committee must, if an appeal has been lodged, furnish the head of the administrative region concerned within a reasonable period of time with -

(a) the minutes, record of proceedings and evidentiary material ; and

(b) its reasons for the finding or decision.

(3) The head of the administrative region may delegate his or her power to hear the appeal to a magistrate or additional magistrate.

(4) The head of the administrative region must inform the assessor and assessors' committee in writing of the decision.

PART VI: GRIEVANCES

26.(1) An assessor who feels aggrieved by any matter provided for in the Act or these regulations and which has a bearing on him or her may report the matter to the assessors' committee.

(2) The assessors' committee must, on receipt of the grievance -

(a) investigate and deal with the matter in the manner it deems fit; and

(b) inform the assessor concerned, in writing, of the result.

(3) If, after the grievance has been dealt with by the assessors' committee, the assessor is not satisfied with the outcome, the assessor may submit the grievance to the head of the administrative region who must investigate and deal with the matter in the manner he or she deems fit.

PART VII: MISCELLANEOUS

27. An assessor who contravenes item 6, 7, 8 or 10 of the Code of Conduct referred to in regulation 22 or who fails to comply therewith is guilty of an offence and upon conviction liable to a fine or to imprisonment not exceeding three months or both.

28. An assessors' committee may require an assessor to attend such training within such period as the assessors' committee considers appropriate.

29.(1)(a) An assessor who is not employed by the state is, for purposes of his or her attendance as assessor at equality proceedings entitled to an allowance of twenty rand per hour or every part of an hour in excess of fifteen minutes.

(b) The period in respect of which an assessor is entitled to the allowance is calculated from the time the assessor is required to be at court or arrives at court, whichever is latest, up to the time that the assessor is excused from attendance or the court adjourns for the day, whichever is earliest.

(2) A member of an assessors' committee who is not employed by the state is, for purposes of his or her attendance of a meeting of that committee or for performing functions in terms of these regulations, entitled to an allowance of twenty rand per hour or every part of an hour in excess of fifteen minutes.

(3) An assessor or a member of an assessors' committee, who is not employed by the state is, for purposes of -

(a) attending meetings of that assessors' committee;

(b) performing functions in terms of these regulations; or

(c) attending court proceedings as assessor;

entitled to a travelling allowance of fifty cent per kilometre.

30.(1) The form received by the assessors' committee from a person referred to in regulation 15(2) and whose name is not registered on the roll of assessors must be disposed of after six months of the date of receipt thereof.

(2)(a) The assessors' committee must open a file in respect of each person whose name is registered on the roll of assessors on which all documents pertaining to a specific person must be filed.

(b) The assessors' committee must dispose of the files contemplated in paragraph (a), in the manner it deems fit.

31.(1) Any person wishing to appeal against any order made by the court as contemplated in section 23(1) of the Act must within ...days of such order being made deliver a notice of appeal to the clerk and the complainant or the respondent as the case may be.

(2) The notice of appeal must -

(a) be in writing;

(b) state whether the whole or only a specific part of the order is appealed against;

(c) set out fully the finding of fact or the ruling of law appealed against; and

(d) where appropriate, set out the order or orders or part thereof against which the appeal is directed and the grounds on which the appeal is founded.

(3) A cross appeal must be noted by delivery within ..... days of the noting of an appeal to the clerk and the complainant or the respondent as the case may be.

(4) A cross appeal must meet the requirements referred to in subregulation (2).

(5) The presiding officer concerned must -

(a) within ....days of the noting of an appeal; or

(b) if the proceedings at an inquiry were taken down or recorded in shorthand or by mechanical means, within ...days after a transcription of the shorthand notes or mechanical record of the proceedings has been placed before such officer by the clerk concerned,

transmit to the clerk a statement in writing setting out -

(i) the facts he or she found to be proved;

(ii) his or her reasons for any finding of fact specified in the notice of appeal as appealed against; and

(iii) his or her reasons for any ruling on any question of law or for the admission or rejection of any evidence so specified as appealed against.

(6)(a) The clerk concerned must, notwithstanding the provisions of subregulation (5)(b), if the proceedings at an inquiry were taken down or recorded in shorthand or by mechanical means and an appeal has been noted, forthwith cause the shorthand notes or the mechanical record of the proceedings to be transcribed.

(b) The person who noted an appeal bears the costs of the transcription contemplated in paragraph (a): Provided that if the clerk is satisfied that such person is unable to pay the costs, the costs or part thereof must be paid by the State.

(7)(a) After an appeal has been noted in terms of subregulation (1) the appeal must be prosecuted as if it were an appeal against the decision of a magistrate in a civil matter and the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court in so far as they relate to civil appeals from the magistrates' courts apply, with the necessary changes, to any such appeal.

(b) The provisions of the relevant Uniform Rules of Court with regard to an appeal from a High Court to the Supreme Court of Appeal apply with the necessary changes.

32.(1) Within ...days after the finalisation of the proceedings in which a determination is made as contemplated in section 23(5)(a) of the Act, the clerk must forward the following to the registrar of the High Court for purposes of review -

(a) the record of the proceedings in the matter, or a certified copy thereof together with any remarks the presiding officer wishes to append thereto; and

(b) any written statement or argument furnished to the clerk by the parties.

(2) The written statement or argument referred to in subregulation (1) must be submitted to the clerk by the parties within ......days after the proceedings were finalised.

33.(1) The office of a member of the Committee referred to in section 32(a), (d) and (e) of the Act becomes vacant -

(a) when a member dies;

(b) when the term of office of a member expires;

(c) when, in the opinion of the Minister, a member becomes unable to act as a member; or

(d) when a member resigns by giving the Minister three months' notice thereof in writing.

(2) A vacancy must be filled as soon as possible in accordance with the provisions of section 32 of the Act.

(3) A vacancy so filled is for the unexpired period of the term of office in respect of which the vacancy occurred.

34. In addition to the powers and functions referred to in the Act, the Committee must advise the Minister on further measures to give full effect to the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.

35. Any person who submits false information in terms of, or contravenes a provision of these regulations is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding twelve months.

36. These regulations are called the Regulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2000 and come into operation on........

[Regulation 2(1)]

(Please note: 1. This form must be completed in block letters.

2. You are not obliged to complete items 5 and 6 of Part A of this form. The information will, however, be useful in giving effect to legislation and policies relating to equity.

3. The following documentation shall accompany the application form-

(a) a certified copy of your identity document;

(b) a health questionnaire;

(c) certified copies of all educational qualifications;

(d) certificates of service or, if not available, an affidavit by you in respect of previous periods of service;

(e) testimonials from previous employers;

(f) the names and addresses of two references.

1. Surname......................................................................................................................

2. Full names...................................................................................................................

3. Date of birth.................................................................................................................

4. Nationality...................................................................................................................

5. Race.............................................................................................................................

6. Sex...............................................................................................................................

7. Identity number...........................................................................................................

8. Residential address............................................................Postal code......................

9. Telephone number (...........).......................................................................................

10. Postal address....................................................................Postal code......................

11. Occupation...................................................................................................................

12. Work address...................................................................Postal code.....................

13. Telephone number (............)......................................................................................

14. Do you have a valid driver's licence? *Yes/No. If "yes" give code............................

15. Have you ever been found guilty of a criminal offence? *Yes/No. If so give details of the offence and the sentence imposed:

.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

16. Official language in which you prefer to receive correspondence..............................

* Delete whichever is not applicable.

Centres where appointment is preferred, in order of preference:

..........................................................

..........................................................

..........................................................

State language(s) in which you are proficient and indicate level of proficiency as "Good", "Fair" or "Poor" in the appropriate space.

1. Highest grade passed at school...............................................................................

2. Year in which passed...................................................................................................

3. Certificates, diplomas, or degrees obtained

................................................................................................................................................................................

Name of educational institution or centre

........................................................................................................................................................................

Year obtained

.............................................................................................................................................................