Re-Draft No E6
(Note: only the sections that were discussed on 17/1/2000 have been reproduced here)
CHAPTER 1
DEFINITIONS, OBJECTS INTERPRETATION, GUIDING PRINCIPLES AND APPLICATION OF ACT
Definitions
(xiv) "prohibited grounds" includes one or more of the following:
(a) race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth, nationality, HIV-AIDS status, socio-economic status, family responsibility and family status; or
(b) any other ground where discrimination based on that ground causes or perpetuates disadvantage and undermines human dignity and equal enjoyment of all rights and freedoms in a serious manner;3
[PARKED DEFINITIONS FROM SECTORS
"beneficiary" means a person who has received or is to receive benefits from a retirement fund in terms of the rules of the fund as a result of the person’s relationship with a member of that retirement fund;
"club" includes an association of persons or an association of clubs established for any social, literary, cultural, political, sporting, athletic, recreational, community service or any other similar lawful purpose, whether incorporated or otherwise and includes specifically any company incorporated for purposes of managing the professional affairs of club;4
"designated groups" means—
[a] persons previously classified as Africans, Coloureds or Indians;
[b] women; or
[c] persons with disabilities;
"educational institution" means—
[a] an education institution as defined in section 1 of the National education Policy Act, 1996 (Act No.27 of 1996);
[b] a higher education institution as defined in section 1 of the Higher Education Act, 1997 (Act NO. 101 of 1997); or
[c] a further education and training institution as defined in section 1 of the Further Education and Training Act, 1998 (Act No. 98 of 1998).
"health care benefits" includes but are not limited to subsidies, health insurance and pensions.
"health care services"—
[a] includes those services necessary to ensure a state of complete physical, mental and social well-being and not only services aimed at ensuring the absence of disease and infirmity; and
[b] are not limited to those services aimed at preventing, diagnosing, alleviating, curing, healing and treating conditions that threaten or compromise a person’s state of complete physical, mental and social well-being;
"insurance policy" includes an annuity policy, a life assurance policy, an accident insurance policy or an illness or injury policy, but does not include a retirement annuity fund, underwritten by an insurer;
"insurer" means a person who issues insurance policies or makes such policies available to others.
"learner" means—
[a] a learner as defined in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996);
[b] a student as defined in section 1 of the National Education Policy Act, 1996 (Act No. 27 of 1996), section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997) or section 1 of the Further Education and Training Act, 1998 (Act No. 98 of 1998); or
[c] any other person who is receiving education or training at any educational institution referred to in subparagraph (i).
"national sport structure" means the national union of any sport code;
"profession" means an occupation that requires tertiary education and specialised training and skills, and that is regulated by a professional body;
"professional body" means a recognised body which is established to exercise control over and regulate the profession in question and its members.
"provincial sport structure" means the provincial union of any sport code.
"racial discrimination" means any distinction, exclusion, restriction or preference, based on race, colour, descent, national or ethnic origin, which is aimed at or has the effect of nullifying, impeding or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere of life;
"racism" includes any act, practice or policy which denies or is calculated to deny or undermine the inherent dignity of a person or a group of persons on the basis of race, language, religion or ethnicity, as manifested in violence against such person or group of persons, the denial of free and equal access to, and participation in, all spheres of life.
"retirement fund" means a pension fund, a provident fund or a retirement annuity fund;
"services" includes services-
[a] relating to banking and the provision of grants, loans, credit or finance;
[b] relating to entertainment, recreation or refreshment;
[c] relating to transport or travel;
[d] Provided by the State.]
"socio-economic status" means ... (The old parked definition)
Objects of Act
2. The objects of this Act are—
(a) to enact legislation required by section 9(4) of the Constitution;
(b) to give effect to the letter and spirit of the Constitution, in particular -
(i) the equal enjoyment of all rights and freedoms by every person
(ii) the promotion of substantive equality;
(iii) the values of non-racialism and non-sexism contained in section 1 of the Constitution;
(vi) non-discrimination and the sanctity of human dignity contained in sections 9 and 10 of the Constitution
(vi) the prohibition of advocacy of hatred, based on race, ethnicity, gender or religion, that constitutes incitement to cause harm as contemplated in section 16(2)(c) of the Constitution and section 10 of this Act;
(c) to provide for measures to facilitate the progressive eradication of unfair discrimination; and harassment, particularly with regard to race, gender and disability;
(d) to provide for measures to educate the public and raise public awareness on the importance of advancing equality and overcoming unfair discrimination;
(e) to provide remedies for victims of unfair discrimination and harassment and persons whose right to equality has been infringed;
(f) to set out measures to advance persons disadvantaged by unfair discrimination; and harassment and
(g) to facilitate compliance with international law obligations including treaty obligations in terms of the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women amongst others.
Interpretation of Act
3. (1) Any person applying this Act must interpret its provisions to give effect to—
(a) the Constitution, the provisions of which include the promotion of equality through legislative and other measures designed to protect or advance all persons;
(b) the Preamble, the objects and guiding principles of this Act, thereby fulfilling the spirit, purport and objects of this Act;
(c) any relevant code of practice issued in terms of this Act or any other law.
(2) Any person interpreting this Act—
(a) must, where appropriate, consider international law, particularly the international agreements referred to in section 2;
(b) may, where appropriate, consider foreign law;
(c) must prefer any reasonable interpretation that is consistent with international law over any alternative interpretation that is inconsistent with international law.
(3) Any person interpreting this Act must, where a dispute arising from this Act revolves around an issue covered by—
(a) a provision of an international agreement that binds the Republic as contemplated in section 231 of the Constitution; or
(b) a principle of recognised customary international law as contemplated in section 232 of the Constitution,
attempt to resolve the dispute in conformity with the principle of recognised customary international law or the provision of the international treaty in question, as the case may be.
(4) Any person applying or interpreting this Act must take into account the context of the dispute and the purpose of this Act.
(5) Despite any other law to the contrary, the inclusion of any ground of unfair discrimination, or any prohibitions of unfair discrimination, harassment or hate speech referred to in this Act must not be interpreted as an indication of the exclusion of other grounds, prohibitions of unfair discrimination or hate speech.
Guiding principles
4. (1) In the adjudication of any proceedings which are instituted in terms of or under this Act, the following principles should apply:
(a) The expeditious and informal processing of cases, which facilitate participation by the parties to the proceedings
(b) access to justice to all persons in relevant judicial and other dispute resolution forums;
(c) the use of special rules of procedure and criteria to facilitate participation;
(d) the use of corrective or restorative measures in conjunction with other measures of a deterrent nature;
(e) the development of special skills and capacity to [enable] assist/empower presiding officers and other officers to achieve the objects of this Act (the development of special skills and capacity for persons applying this Act in order to ensure effective implementation thereof).
(2) In the application of this Act the following should be recognised and taken into account:
(a) The existence of systemic discrimination and inequalities, particularly in respect of race, gender and disability in all spheres of life as a result of present and past unfair discrimination, brought about by colonialism, the apartheid system and patriarchy; and
(b) the need to take measures at all levels to eliminate such discrimination and inequalities.
Application of Act
5. (1) This Act binds the State and all persons.
(2) If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law, other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act must prevail: Provided that this Act only applies [to unfair discrimination] in respect of issues relating to employment to the extent that it deals with employees who are excluded from the application of the Employment Equity Act, 1998 (Act No. 55 of 1998).
CHAPTER 5
EQUALITY COURTS
Equality courts and presiding officers
18. (1) For the purposes of this Act, but subject to section 34—
(a) every magistrate’s court and every High Court is an equality court for the area of its jurisdiction; and
(b) any magistrate, additional magistrate and judge may be designated by the Minister to be a presiding officer of the equality court of the area in respect of which he or she is magistrate, additional magistrate or judge, as the case may be.
(2) A presiding officer designated by the Minister must perform the functions and exercise the powers assigned to or conferred on him or her by this Act or any other law.
Clerks of equality courts
19. (1) (a) Subject to the laws governing the public service, the Director-General of the Department may, for every equality court, appoint or designate one or more officers in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the equality court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed.
(b) If a clerk of an equality court is for any reason unable to act as such or if no clerk has been appointed or designated for any equality court under paragraph (a), the presiding officer concerned may designate any competent officer in the Department to act as clerk as long as the said clerk is unable to act or until a clerk is appointed or designated under paragraph (a), as the case may be.
Witnesses
20. [(1)] The attendance of witnesses and the payment of witness fees in cases arising from the application of this Act must be determined by the Minister in the prescribed manner. [On the application of a clerk of an equality court in the prescribed manner, the clerk of the court or registrar, as the case may be, must subpoena any witness to give evidence or to produce a book, document or any other information at any proceedings of the court.
(2) On the application of any person who is likely to be affected by any order which may be made by the court as a result of any proceedings therein or his or her legal representative or any person or institution that instituted the proceedings in question, the clerk of the court or the registrar, as the case may be, must subpoena any witness to give evidence or to produce a book, document or any other information at any proceedings of the court.
(3) A subpoena referred to in subsection (1) or (2) must be served on the witness concerned as if it were a subpoena in a criminal trial in a magistrate’s court.
(4) Sections 188 and 189 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), apply with the necessary changes required by the context in connection with a person subpoenaed under subsection (1) or (2) or required by a presiding officer.
(5) A witness referred to in subsection (1) or witness subpoenaed at the request of the presiding officer is entitled to such an allowance as would be due to him or her if he or she were attending criminal proceedings as a witness for the State.
(6) The court may, on the application of a witness referred to in subsection (2), on good grounds shown, direct that such witness be paid such allowance as may be paid to a witness for an accused person in criminal proceedings.
Rules and court proceedings
21. (1) Except as is otherwise provided in this Act, the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), and of the rules made thereunder as well as the rules made under the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), apply with the necessary changes to equality courts, in so far as these provisions relate to—
(a) the appointment and functions of officers;
(b) the issue and service of process;
(c) the conduct of proceedings;
(d) the execution of judgments or orders;
(e) the imposition of penalties for non-compliance with orders of court, for obstruction of execution of judgments or orders, and for contempt of court;
(f) jurisdiction, subject to subsection (3),
and in so far as no other provision has been made in the regulations under section 33 of this Act for any matter mentioned in this subsection.
(2) All proceedings before the court must be conducted in open court, except in so far as the court may direct otherwise in the interests of the administration of justice.
(3) (a) Subject to paragraph (b), nothing in this Act precludes a magistrates' court sitting as an equality court from making an order contemplated in section 23(2), which exceeds the monetary jurisdiction of a magistrates' court, in which case the order must be submitted in the prescribed manner to a judge of the High Court having jurisdiction for confirmation.
(b) Paragraph (a), relating to the confirmation of an order, does not apply in a case where a person appeals against an order made by an equality court as contemplated in section 25.
Institution of proceedings in terms of or under Act
22. (1) (a) The following may institute proceedings in terms of or under this Act:
(i) Any person acting in that person’s interest;
(ii) any person acting on behalf of another person who cannot act in that person’s own name;
(iii) any person acting as a member of, or in the interests of, a group or class of persons;
(iv) any person acting in the public interest;
(v) any association acting in the interests of its members;
(vi) the South African Human Rights Commission, or the Commission for Gender Equality [or any other relevant person designated by the Minister by notice in the Gazette].
(b) No proceedings may be instituted in terms of or under this Act in relation to unfair discrimination in respect of issues relating to employment if the issues in question are regulated by the Employment Equity Act, 1998 (Act No. 55 of 1998).15
(2) A person wishing to institute proceedings in terms of or under this Act must, in the prescribed manner, notify the clerk of the equality court, as the case may be, of his or her intention to do so.
(3) (a) The clerk of the equality court must, within the prescribed period of receiving such notification, refer the matter to a presiding officer of the equality court in question, who must, within the prescribed period, decide whether the matter is to be heard in the equality court or whether it should be referred to another appropriate institution, person, body, which, in the presiding officer's opinion, can deal more appropriately with the matter in terms of that institution's, person's, body's, powers and functions.
(b) If the presiding officer decides that the matter is to be heard in the equality court, the presiding officer must refer the matter to the clerk of the equality court who must within the prescribed period of such referral assign a date of hearing of the matter.
(4) The presiding officer, before making a decision to refer a matter as contemplated in subsection (2), must take into account all relevant circumstances, including the following:
(a) The personal circumstances of the parties and particularly the complainant;
(b) the physical accessibility of any contemplated alternative institution, person, body;
(c) the needs and wishes of the parties and particularly the complainant;
(d) the nature of the intended proceedings and whether the outcome of the proceedings could facilitate the development of judicial precedent and jurisprudence in this area of the law;
(e) the views of the appropriate functionary at any contemplated alternative institution or body.
(5) (a) If the presiding officer decides that the matter must be referred to an alternative institution, person, body, he or she must, in the prescribed manner, make an order, [together with any comments he or she deems necessary for the attention of the alternative institution, and] directing the clerk of the equality court to transfer the matter to the institution, person, body, mentioned in the order.
(b) When making an order contemplated in paragraph (a), the presiding officer may attach to the order any comments he or she deems necessary for the attention of the alternative institution, person, body.
(6) On receipt of an order referred to in subsection (5), the clerk of the equality court must transfer the matter and notify the parties to the matter of the transfer in the prescribed manner.
(7) On receipt of a matter transferred to it, the institution, person, body, in question must deal with the matter as soon as possible in terms of its powers and functions.
(8) If the institution, person or body referred to in subsection (7)—
(a) fails to deal with the matter within a reasonable period in the circumstances; or
(b) is not able to resolve the matter to the satisfaction of one or both the parties and one or both parties so request,
the institution, person, body must, in the prescribed manner, refer the matter back to the equality court from which it was transferred, for adjudication, within the prescribed period from the date on which it was returned to the equality court.
(9) The State and constitutional institutions must, as far as reasonably possible, assist any person wishing to institute proceedings in terms of or under this Act, amongst others, by ensuring that the person is directed to the appropriate functionary in order to take the necessary action in the furtherance of the matter in question.
Powers and functions of equality court
23. (1) The equality court before which proceedings are instituted in terms of or under this Act must hold an inquiry in the prescribed manner and determine whether unfair discrimination, or harassment has taken place, as alleged.
(2) After holding an inquiry, the court may[, if it is satisfied that unfair discrimination has taken place, as alleged,] make an appropriate order in the circumstances, including—
(a) an interim order;
(b) a declaratory order;
(c) an order making a settlement between the parties to the proceedings an order of court;
(d) an order for the payment of any damages in respect of any proven financial loss, including future loss, or in respect of impairment of dignity, pain and suffering or emotional and psychological suffering, as a result of the unfair discrimination in question;
(e) an order for the payment of damages in the form of an award to a body or organisation responsible for addressing unfair discrimination: Provided that the award may only be used by the body or organisation in the manner determined by the court;
(f) an interdict restraining unfair discriminatory practices;
(g) an order directing that specific steps be taken to stop the unfair discrimination;
(h) an order to make specific opportunities and privileges unfairly denied in the circumstances, available to the complainant in question;
(i) an order for the implementation of special measures to address the unfair discrimination in question;
(j) an order directing the reasonable accommodation of a group or class of persons by the respondent;
(k) an order that an unconditional apology be made;
(l) an order requiring the respondent to undergo an audit of specific policies or practices;
(m) an order to comply with any provision of the Act;
(n) an order suspending a licence of a person; 16
(o) a directive requiring the respondent to make regular progress reports to the court or to the relevant constitutional institution regarding the implementation of the court’s order;
(p) an order of costs against any party to the proceedings17.
(3) An order made by an equality court in terms of or under this Act has the effect of an order of the said court made in a civil action, where appropriate.
(4) The court may, during or after an inquiry, refer—
(a) its concerns in any proceedings before it, particularly in the case of persistent contravention or failure to comply with a provision of this Act or in the case of systemic unfair discrimination for further investigation;
(b) any proceedings before it for mediation, conciliation or negotiation,
to the relevant constitutional institution: Provided that nothing precludes the court from attempting to resolve any dispute or to rectify any act or omission which gave rise to the proceedings in question.
(5) The court has all ancillary powers necessary or reasonably incidental to the performance of its functions and the exercise of its powers, including the power to grant interlocutory orders or interdicts.
Assessors
24. (1) In any proceedings in terms of or under this Act, the court may, at the request of either party, or of its own accord if the presiding officer considers it to be in the interest of justice, summon to its assistance one or two persons who are suitable and available and who may be willing to sit and act as assessors, who, subject to subsection (2), are also members of the court for purposes of this Act.
[(5)] (2), are also members of the court for purposes of this Act.
[(2) In this section "assessor" means a person whose name is registered on a roll of assessors, in terms of the regulations.
(3) (a) In considering whether the summoning of assessors under subsection (1) would be in the interest of justice, the presiding officer must take into account—
(i) the cultural and social environment of the parties to the proceedings;
(ii) the educational background of the parties to the proceedings;
(iii) the nature and the seriousness of the unfair discrimination in question;
(iv) the views, if any, of the parties to the proceedings regarding the summoning of assessors in respect of the proceedings concerned;
(v) any particular interest which the community in general, or any specific community, may have in the proceedings concerned; or
(vi) any other matter or circumstance which he or she may deem to be indicative of the desirability of summoning an assessor or assessors.
(b) The presiding officer may question the parties in relation to the matters referred to in paragraph (a), or obtain such information from their legal representatives.
(4) Every assessor must, upon registration on the roll of assessors referred to in subsection (2), in writing take an oath or make an affirmation subscribed by him or her before the magistrate of the district concerned or the judge of the High Court concerned in the form set out below, namely—
"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, 1999, 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.".]
[(5)](2) [(a)] Any matter of law arising for decision at the proceedings concerned and any question arising thereat as to whether a matter for decision is a matter of fact or a matter of law must be decided by the presiding officer in the prescribed manner.
[(b) The presiding officer must adjourn the proceedings regarding any matter or question referred to in paragraph (a) and must sit alone for the hearing of such proceedings and the decision of such matter or question.
(c) Whenever the presiding officer makes a decision in terms of paragraph (a) he or she must give his or her reasons for that decision.]
[(6)] (3) On all matters of fact the finding or decision of the majority of the members of the court is the finding or decision of the court, and in the event of one assessor, the finding or decision of the court prevails.
[(7) Whenever a presiding officer is assisted by assessors, he or she must, after the conclusion of the arguments by the parties or their legal representatives, but before judgment is passed in the matter, explain to the assessors any specific rule of evidence or any other matter that is relevant in respect of the evidence tendered to the court.
(8) The record of any proceedings where a presiding officer has been assisted by assessors—
(a) regarding the evidence adduced at the proceedings, must include any explanation or instruction given to the assessors by the presiding officer in respect of any applicable rule of evidence or any other matter; and
(b) regarding the judgment must indicate clearly whether the findings in respect of each material aspect of the evidence—
(i) are the unanimous findings of the members of the court; and
(ii) in the event of any member of the court making a finding different to that of the other members, set out the reasons for such different finding.
(9) (a) A presiding officer who is assisted by assessors may, on application by any of the parties to the proceedings, order the recusal of an assessor or assessors from the proceedings if he or she is satisfied that—
(i) an assessor has a personal interest in the proceedings concerned;
(ii) there are reasonable grounds for believing that there is likely to be a conflict of interests as a result of an assessor’s participation in the proceedings concerned; or
(iii) there are reasonable grounds for believing that there is a likelihood of bias on the part of an assessor.
(b) An assessor may recuse himself or herself from the proceedings for the reasons contemplated in paragraph (a).
(c) The parties to the proceedings must—
(i) before the recusal of an assessor is ordered in terms of paragraph (a); or
(ii) in so far as it is practicable, before the recusal of an assessor in terms of paragraph (b),
be given an opportunity to address arguments to the presiding officer on the desirability of such recusal.
(d) The assessor concerned must be given an opportunity to respond to any arguments referred to in paragraph (c), and the presiding officer may put such questions regarding the matter to an assessor as he or she may deem fit.
(e) The presiding officer must give reasons for an order referred to in paragraph (a).]
[(10)] (4) (a) If an assessor dies, or in the opinion of the presiding officer becomes unable to act as an assessor, or is for any reason absent, or has been ordered to recuse himself or herself or has recused himself or herself, at any stage before the completion of the proceedings concerned, the presiding officer may, in the interests of justice and after due consideration of the arguments put forward by the parties to the proceedings or their legal representatives—
(i) direct that the proceedings continue before the remaining member or members of the court;
(ii) direct that the proceedings start afresh; or
(iii) if an assessor is absent, postpone the proceedings in order to obtain the assessor’s presence.
(b) The presiding officer must give reasons for any direction referred to in subparagraph (i) or (ii).
[(11)] (5) (a) A presiding officer who is assisted by assessors at an enquiry where a party to the proceedings has an order made against him or her must—
(i) if that party to the proceedings is not assisted by a legal representative; and
(ii) if the presiding officer is of the opinion that the assessors concerned have clearly made an incorrect finding,
record the reasons for his or her opinion.
(b) The [registrar] clerk of the equality court must as soon as is practicable, submit those reasons and the record to [a judge] the appeal court [in chambers] in question for review in the prescribed manner.
(c) The [judge] appeal court has the power to confirm the said findings or to make any appropriate order in respect of such finding that, in the opinion of the [judge] appeal court, should have been made in the circumstances.
Appeals
25. (1) Any person aggrieved by any order made by an equality court in terms of or under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction or the Supreme Court of Appeal, as the case may be.
(2) On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may think fit.
(3) Notwithstanding subsection (1), any person aggrieved by any order made by an equality court may, subject to the rules of the Constitutional Court, appeal directly to the Constitutional Court.
CHAPTER 6
PROMOTION OF EQUALITY19
General responsibility to promote substantive equality
26. The State and all persons have a duty and responsibility under this Act to achieve the progressive realisation of substantive equality.
Duty of the State [and Organs of State] to promote substantive equality
27. (1) Subject to section 24 ????, the State must, where necessary with the assistance of the relevant constitutional institutions—
(a) develop awareness of fundamental rights in order to promote a climate of understanding, mutual respect and substantive equality;
(b) take measures to develop and implement programmes of action in order to promote substantive equality;
(c) where necessary, develop action plans to address any unfair discrimination;
(d) where appropriate, enact further legislation that seeks to promote substantive equality and to establish a legislative framework in line with the objectives of this Act;
(e) where appropriate, develop codes of good practice as contemplated in this Act in order to promote equality, and develop guidelines, including codes on reasonable accommodation;
(f) provide assistance, advice and training on issues of equality;
(g) where necessary, develop appropriate internal mechanisms to deal with complaints of unfair discrimination;
(h) conduct information campaigns with a view to the popularisation of this Act.
(2) The provisions of subsection (1), where appropriate, are also applicable to the constitutional institutions, which in addition, may request the State or person to supply them with information on any legislative, executive or other measures adopted, relating to the achievement of substantive equality, including their compliance with legislation, codes of good practice and programmes of action.
(3) In addition to the powers and functions of the constitutional institutions these institutions are also competent to—
(a) assist complainants in instituting proceedings in an equality court, particularly complainants who are disadvantaged in any way;
(b) conduct investigations into cases of persistent contraventions of this Act or cases of systemic unfair discrimination referred to them by an equality court;
(c) receive regular reports regarding the number of cases and the nature and outcome thereof dealt with by the equality courts within a specified period of time.
(4) All Ministers must effect progressive realisation of equality in the sectors falling within their responsibility by—
(a) eliminating any form of inequality in any law, policy or practice for which those Ministers are responsible; and
(b) preparing and implementing equality plans in the prescribed manner—
(i) which are intended to achieve reasonable progress towards equality in those sectors???; and
(ii) the contents of which must include a time frame for implementation of such plans in consultation with the Minister of Finance.
(5) The prescribed equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission.
(6) In addition to the responsibilities of Ministers under subsection (5), all Ministers must —
(a) integrate the responsibilities relating to the active promotion of equality in respect of race, gender and disability as contemplated in sections 30, 31 and 32;
(b) carry out the duties and responsibilities assigned to them under this Chapter.
Responsibility of functionaries and [private bodies] juristic and non-juristic persons operating in public domain to promote equality.