b. The alignment of legislation to the Constitution is ongoing and
the Prevention of Discrimination Act will be reviewed in order to
ensure its conformity to the Constitution.
c. The Government has increased its budget support to the
Independent Commissions. Furthermore, these Commissions
now appropriate their funding directly from Treasury and they
also receive technical and financial support from cooperating
partners.
3. Article 3: Equality before the Law and Equal Protection of
the Law
Constitutional and Legislative Measures
3.1. The Constitution provides for equality of all persons before the
law and the right to equal protection and benefit of the law
including equality of rights and obligations of spouses during
marriage and at its dissolution18. In order to ensure equality before
the law and access to justice by all, Section 31 of the Constitution
mandates the Government to provide legal representation in civil
and criminal cases for people who need it and are unable to afford
legal practitioners of their choice.
3.2. Section 319 (a-h) of the Criminal Procedure and Evidence Act
provides for the protection of vulnerable witnesses who are
protected by the law and may give evidence in an environment
where they are free to do so without intimidation or undue
influence.
Administrative Measures
3.3. In order to enhance access to legal services for the indigent, the
Government has decentralised the operations of the Legal Aid
Directorate to all the provinces. Furthermore, the Judicial Service
18
Section 26 and 56 of the Constitution
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