a citizen who alleges that his right under Chapter II of the Constitution is being or is likely to be contravened, may apply to the Supreme Court for redress. 91. The Criminal Code also makes provisions for offences, and related penalties, in relation to discrimination in general. These have been elaborated at paragraph 47 of the previous African Charter report. The only change that occurred concerns section 282 (“Stirring up racial hatred”) where the penalties now provide for a fine not exceeding 100,000 rupees and penal servitude for a term not exceeding 20 years. 92. The Equal Opportunities Act (EOA) provide further safeguards and protection by complementing the provisions in the Constitution. The EOA deals with direct as well as indirect discrimination. 93. The Equal Opportunities Act applies to employment activities, education, provision of goods and services, accommodation, the disposal of immovable property, companies, partnerships, “sociétés”, and registered associations, clubs and access to premises which the public may enter or use and sports. It also applies to both the public and private sectors and includes within its ambit sexual harassment. Discrimination by victimization is also prohibited. 94. The Equal Opportunities Commission (EOC) was set up in April 2012. It not only examines and investigates into complaints referred to it but it equally investigates proprio motu into cases where it believes that an act of discrimination may have been or may be committed. The Equal Opportunities Commission is mandated to receive complaints from both the Private and the Public Sector. 95. The mandate of the Equal Opportunities Commission, the complaint mechanism procedure put in place, the investigation process and the conciliation process have not changed since the last report of the African Charter submitted in 2016. Consequently, paragraphs 48 to 51 of the last AHCHR report remain valid. 96. The Equal Opportunities Act was amended in 2017 to provide for the prohibition of discrimination in employment on the grounds of a person’s criminal record, both at recruitment and promotion level, where a person’s criminal record is not relevant to the nature of the employment for which that person is being considered. The burden of proof, that a discrimination on ground of criminal records is relevant, has been put on the employer. 97. Cases which are not resolved by the Commission are referred to the Equal Opportunities Tribunal which has the power to issue interim orders, directives and compensatory orders up to Rs. 500,000. Failure to comply with an order or directive of the Equal Opportunities Tribunal may 35