Section 27: Equal Opportunities Commission

27. Equal Opportunities Commission (1) There is established for the purposes of this Act an Equal Opportunities Commission, which shall be a body corporate. (1A) The Commission shall consist of a Chairperson and 3 other members. (1B) (a) The Chairperson shall be a person who has been— (i) a Judge; (ii) a Magistrate for not less than 10 years; (iii) a law practitioner for not less than 10 years; or (iv) a Magistrate and a law practitioner for an aggregate period of not less than 10 years. (b) One of the members shall be a person who has been a law practitioner for not less than 5 years. (c) The other members shall be persons having knowledge and experience in the field of law, employment, industrial relations, sociology or administration. (1C) (a) The members shall be appointed by the President of the Republic, acting on the advice of the Prime Minister, on such terms and conditions as the President thinks fit. (b) Before tendering advice to the President under paragraph (a), the Prime Minister shall consult the Leader of the Opposition. (1D) Subject to subsection (1F), every member shall hold office for a term of 4 years and shall be eligible for reappointment. (1E) The President of the Republic may, on the advice of the Prime Minister, remove any member from office for inability to perform the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (1F) Subject to subsection (1H)— (a) where any vacancy occurs in the office of the Chairperson by reason of death, resignation or any other cause, the President of the Republic shall appoint one of the members to act as Chairperson until the vacancy is filled; (b) where the Chairperson is absent or on leave, he may appoint one of the members to act as Chairperson until the date on which the Chairperson resumes his office. (1G) A member shall not enter upon the duties of his office unless he has taken and subscribed, before the President of the Republic, the oath set out in Part A of the Schedule. E13A – 19 [Issue 4] Equal Opportunities Act (2) Three members, including the Chairperson, shall constitute a quorum at any sitting of the Commission. (3) The Commission shall— (a) work towards the elimination of discrimination, and the promotion of equality of opportunity and good relations between persons of different status; (b) keep under review the working of this Act and any relevant law and submit to the Attorney-General proposals for amending them, if required; (c) of its own motion or following a complaint, carry out an investigation; (d) attempt to reconcile the parties to whom and against whom a complaint relates; (e) conduct and foster research and educational and other programmes for the purpose of eliminating discrimination and promoting equality of opportunity and good relations between persons of different status; and (f) prepare appropriate guidelines and codes for the avoidance of discrimination and take all necessary measures to ensure that the guidelines and codes are brought to the attention of employers and the public at large. (4) For the purposes of subsection (3), the Commission may do anything that it considers necessary for, or exercise all powers, conducive or incidental to, the carrying out of its functions, and in particular may— (a) take such measures as it considers necessary to ensure compliance with the duties imposed on any person under this Act; (b) on completion of an investigation which reveals that an offence has been commit s and codes are brought to the attention of employers and the public at large. (4) For the purposes of subsection (3), the Commission may do anything that it considers necessary for, or exercise all powers, conducive or incidental to, the carrying out of its functions, and in particular may— (a) take such measures as it considers necessary to ensure compliance with the duties imposed on any person under this Act; (b) on completion of an investigation which reveals that an offence has been committed under this Act or a relevant law, refer the matter to the Director of Public Prosecutions; (c) refer any matter to the Tribunal for non-compliance with this Act; or (d) apply for an interim order under section 35 (1) (b). [S. 27 amended by s. 7 of Act 31 of 2011 w.e.f. 31 December 2011.]