Madam Deputy Speaker and hon members, the Department of Justice and Constitutional Development has an important role to play in providing fair, accessible and effective administration of justice. As the Constitution stipulates -
... to lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law ...
To achieve this purpose, it therefore designates the equality courts in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000. These courts have to deal inter alia with issues and complaints from the public, with emphasis on issues of women and people with disabilities.
Notwithstanding the separation of powers of the executive, the judiciary and the legislature, Parliament has to play an oversight role over all these components. It is for this reason that Parliament took the initiative to undergo a Parliamentary Equality Review Process to determine the impact of the equality courts on persons with disabilities and women.
The SA Human Rights Commission was given a mandate to undertake these investigations. The Institute for Democracy in South Africa also conducted its own research on the functioning of the equality courts.
According to the review and the reports that have been made, the following observations have been made. An average of three to six equality courts in all provinces have been established. A legal framework has been put in place and also presiding officers, clerks and assessors have been appointed. All these members are trained and continue to be trained.
There is a relationship between the Equality Act and criminal proceedings in all the courts. All High Courts in the Republic are equality courts. Magistrates' courts act as equality courts at the insistence of the Department of Justice and Constitutional Development, according to the norms of the department.
Out of the 220 magistrates' courts designated as equality courts, only 47 were listed in the department during the time of review. In some provinces, these courts are dysfunctional. According to reports, the public is not well informed about the existence of the courts, and there is no proof that they have been advertised.
It is observed that the equality courts are faced with numerous challenges. Equality courts are not properly publicised, as I have indicated. In some provinces, some officials are not even aware that there are equality courts. In other provinces, questionnaires that have been distributed for the purpose of the survey are not returned by the recipients.
It is reported that amakhosi and even SA Police Service members are not acquainted with the Act, and they are not even able to determine certain cases involving discrimination, racism and sexism. Even some political parties, it is reported, are not aware that there are equality courts in their areas.
Very few complaints had been registered at the time of the review. There were only 12 that were registered and yet people are still subjected to various forces of discrimination, racism and sexism.
It is clear that some measures have to be adopted so as to ensure that equality courts are known to the public and are well-publicised. I would like, therefore, to submit that Parliament should take some further steps to ensure that equality courts provide the services for which they were intended. I thank you. [Applause.]