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 72. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000,302 (hereinafter referred to as the Equality Act), provides the framework for implementing section 9 of the Constitution. It seeks to promote achievement of equality and prevent and prohibit unfair discrimination on the grounds of, inter alia, gender, sex, and pregnancy. 73. The Equality Act also broadly defines discrimination as any act or omission, including a policy, law, rule, practice, condition, or situation which directly or indirectly (a) imposes burdens, obligations or disadvantage on; or (b) withholds benefits, opportunities or advantages from, any person on one or more of the prohibited grounds. In specific reference to discrimination against women, section 8 of the Equality Act provides a range of prohibited practices that constitute discrimination on the basis of gender, the specifics of which are discussed in this Report under the relevant provisions of the Protocol. 74. The SAHRC is mandated under section 25 of the Equality Act to investigate and report on allegations of abuse. This information forms part of the research collated by the SAHRC for the Equality Report to be published annually as stipulated by section 28 of the Human Rights Commission Act, 1994. The Equality Review Committee, established in terms of section 32 of the Equality Act, advises the Minister of Justice and Constitutional Development about the operation of the Act and other pieces of legislation that impact on equality. 75. The Equality Act further provides for the designation of Equality Courts. Equality courts are specialised courts designated to hear matters relating to unfair discrimination, hate speech and harassment. In terms of the Equality Act all High Courts are equality courts for their area of jurisdiction. The Department of Justice and Constitutional Development has also designated all magistrates’ courts to serve as equality courts in all the 9 provinces. Although the equality court is a formal court sitting, the rules and procedures are more relaxed than in normal courts e.g. the court room itself is usually not as intimidating as an ordinary court, the proceedings are held in a room that is arranged in boardroom style where the complainant and the respondent sit on either side. Normal rules of the magistrates’ court apply but the presiding officer does not apply them in a rigid manner when conducting the proceedings. The SAHRC and the CGE assist complainants in lodging complaints in the equality courts. 76. While the Constitution acts as the normative foundation for the advancement of women’s rights in South Africa, several pieces of legislation provide the building blocks. Table 3 below provides a list of the most relevant legislation on women’s rights and a brief summary of their respective objectives. Table 3: Summary of legislation pertaining to women’s rights Legislation Brief summary of legislation Choice of Termination of Pregnancy Provides for the circumstances and conditions under which Act, 1996 (Act No. 92 of 1996) pregnancy may be terminated. 302 Act No. 4 of 2000 155