Chairperson, the Promotion of Equality and Prevention of Unfair Discrimination Act was enacted to deal with acts of unfair discrimination on the basis of, amongst others, race, gender and disability. The equality Act further makes provision for, amongst others, the designation of the magistrates' courts as equality courts by the Minister of Justice and Constitutional Development to deal with cases of unfair discrimination.
The Minister has since designated all magisterial districts countrywide as equality courts. Since their inception in 2003, equality courts have dealt with a number of cases relating to unfair discrimination, including discrimination on the basis of disability. However, during the 2010 period specifically, equality courts received only four complaints relating to physical disability. These cases relate to physically disabled persons' access to public premises such as courts, hospitals, police stations, etc.
The following is the breakdown of the cases for the 2010 period and their status: In Gauteng at the magistrate's office in Germiston, there was one case that was lodged on December 2010 and it is still pending. In the North West's Mankweng Magistrate's Court, a case was lodged in May 2010; it was remanded and is not yet finalised; in Molopo Magistrate's Court, a case was lodged in June 2010 and it is still pending. In the Western Cape a case was lodged in December 2010 at the Bellville Magistrate's Court and it was withdrawn.
I would like to refer the hon member to the provisions of section 5(3) of the equality Act, which provides that this Act does not apply to any person to whom and to the extent to which the Employment Equity Act applies. This therefore implies that many cases of unfair discrimination on the basis of disability which are labour-related are dealt with in terms of related quorums, such as the Commission for Conciliation, Mediation and Arbitration, the SA Human Rights Commission, the Commission for Gender Equality, and the Labour Court.
The Department of Labour would thus be suitably placed to deal with the question of whether the relevant cases are indicative of major changes in the attitude towards people with disability in the workplace. Thank you.