REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 16. During the period under review, Regulations for Equality Courts were promulgated9 and, in 2009, all Magistrates’ Courts were designated as Equality Courts. All High Courts also sit as Equality Courts. This has improved access to justice as the public can now lodge complaints of unfair discrimination at the Magistrates’ Court nearest to their community. 17. Persons needing assistance when approaching the Equality Court are usually assisted by the clerk of the Equality Court or the South African Human Rights Commission or the Commission for Gender Equality, as the need may be. Although the Equality Court is a formal court sitting, the rules and procedures are more relaxed than in normal courts. In order to institute proceedings in the Equality Court it is not a requirement that one must have legal representation. The Equality Courts are free of charge, so the complainant does not have to pay any court fees. 18. In 2013/14 there was a total of 638 cases before the Equality Courts. This is an increase of 3,24% from 2012/13. Although an increase in cases enrolled at these courts has been witnessed, it is nonetheless a matter of concern to government that the Equality Courts are underutilized. Of the 638 cases, hate speech and unfair discrimination were the leading complaints in 2013/14 with 255 and 217 cases respectively. While there was a 4% decrease in hate speech complaints, unfair discrimination cases increased by 40%. 19. The Department of Justice and Constitutional Development has made significant progress on the issue of combating hate crimes, hate speech and unfair discrimination in a policy framework. A Bill, which deals with hate crimes, is in the first stages of drafting. The Bill is based on the recommendations contained in the policy framework. There are, however, some policy choices that need to be made. Once the draft Bill is ready it will be submitted to Cabinet for approval to subject the Bill to a public consultation process. National Action Plan 20. A significant development in relation to strengthening South Africa’s commitment to deal with discrimination is the development of policy on the Prevention and Combating of Hate Speech, Racial Discrimination, Xenophobia and Related Intolerance. As required by the Declaration and Programme of Action (DDPA) adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban in 2001, South Africa is developing a National Plan of Action to address the above forms of discrimination (NAP). The NAP is being developed by government, in consultation with national human rights institutions and civil society organizations. Case law 21. Our courts have also handed down cases which focus on clamping down on discriminatory laws and practices. In MEC for Education: Kwazulu-Natal v Pillay10 the Constitutional Court 9 Government Notice No R764 of 13 June 2003 (Government Gazette 25065) 10 2008 (1) SA 474 (CC) 12