Special Investigating Units and Special Tribunals Act, 1996
R 385
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)RegulationsRegulations Relating to the Promotion of Equality and Prevention of Unfair Discrimination, 2003Chapter II : Clerks of Equality Courts5. Additional functions of clerk |
| (1) | In addition to the functions prescribed by the Act, a clerk must— |
| (a) | upon receipt of the notification contemplated in regulation 6(1),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 referred, the date of referral and the outcome of the matter 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 to the best of his or her ability a person who is illiterate or disabled with the completion of any document relating to the proceedings in the court; |
| (f) | if a person instituting proceedings is not represented or assisted— |
| (i) | inform the person of his or her right to representation; |
| (ii) | inform the person of the assistance available to him or her by constitutional institutions or other non-governmental organisations; |
| (iii) | inform and explain to that person his or her rights and remedies in terms of the Act to the best of his or her ability; |
| (iv) | assist a person further by reading or explaining any documentation to him or her; and |
| (v) | 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 a witness to attend the inquiry at the request of a party or by direction of the court; |
| (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. |
