Workshop on why equality courts are not working as they should

Press Briefing

21 Oct 2015 - 30 Jan 2017 at Vivamus odio dui

 

FXI’s Mduduzi Mtshweni (legal assistant) and Nomagugu Nyathi (research officer) attended a workshop at the Legal Resources Centre on how to assist victims of discrimination prepare and present a claim in the South African Equality Courts.

These are the lessons they learned from the workshop

·         Accessing Equality Courts is very difficult for most people because they do not know about them.

·         As a result, they are underutilised.

·         Properly utilised, they will help in achieving equality.

·         Approaching the courts is much simpler compared to regular courts.

·         Because of this, and the way the function, they are a unique legal instrument that should be capitalised on.

·         Lawyers and other professionals should be encouraged to approach and use Equality Courts so as to build precedence in the courts.

·         Magistrates tend to shop for forums – by deciding in which forum the matter is to be heard e.g. magistrates courts, Equality Courts or other specialized courts; magistrates have a tendency of not wanting to deal with constitutional issues or issues which do not have a clear precedent – and side step attending to Equality Court matters thus reducing their inefficiency.

·         A handbook was distributed to show the processes of approaching the court and how the court functions. The handbook is quite comprehensive.

 

November 29 2016 By FXI

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