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Know your rights when it comes to racism

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Don’t get angry when you are offended by the comments, actions or behaviour of a racists person, GET RICH it’s as simple as this.

Read the promotion of equality and prevention of unfair discrimination Act 4 of 2000, it’s simple to the point and easy to understand and enforce.

In terms of the Act, every Court in SA will have a specialised Equality Court. In every Court in SA, you will find an Equality Court Clerk. Equality Courts are specialised Courts designated to hear matters relating to unfair discrimination, hate speech and harassment.

 

In terms of the Act, all High Courts are equality Courts for their area of jurisdiction. The Department of Justice and Constitutional Development has 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 Courtroom 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 environment is less intimidating. This means that anyone can run their own case without the need of an attorney that being said doesn’t forget you can get free legal aid from legal-aid South Africa as well. In order to institute proceedings in the Equality Court it is not a requirement that one must have legal representation.

Proceedings in the equality Court may be instituted by:

  • Any person acting in his/her own interests
  • Any person acting on behalf of another person who cannot act in his/her own name
  • Any person acting as a member of, or in the interests of a group or class of persons
  • Any person acting in the interest of the public
  • Any association or organization or body acting in the interests of its members

The Act places specific duties on the South African Human Rights Commission, the Commission on Gender Equality, and other bodies that have been set up in terms of the Constitution. They are required to assist complainants in bringing complaints to the Equality Courts and to conduct investigations into cases and advise complainants.

The Equality Courts are free of charge. If you believe that you have been unfairly discriminated against and you are a victim of hate speech or harassment then you can lodge your complaint at any of the designated Equality Courts.

What is meant by hate speech?

Hate speech is the publishing, propagating, or communication of words that are based on one or more of the prohibited grounds. These words must be reasonably construed to demonstrate a clear intention to hurtful, harmful or to incite harm and to promote or propagate hatred e.g. by calling people by derogatory (insulting or offensive) names or words. And here’s the good thing the Act provides for criminal charges against the offender and the PAYMENT OF DAMAGES.

So stop getting mad, go to your nearest Court lay the complaint, and see the offense against you as money in the bank.

I am willing to give advice, free of charge to all registered Victor legal members in the process. Stop taking the punches here’s your weapon, take it, use it to help yourself.

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Victor Online Legal is an entrepreneurial legal advisory and support company founded by Advocate Carlo Viljoen.

We were founded when Carlo realised the significant need in society to provide legal protection for the average individual and organisation in addition to the huge need for social impact litigation required in South Africa.
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Victor Legal aims to grant South Africans equal, fair, and affordable access to justice and legal assistance. It gives people the opportunity to have access to a lawyer and enjoy even the most basic rights they have according to the law.

Our Members have legal protection and accessibility to the law at any given moment.

Victor is part of an International Association called Global Attorneys.

Legal Consulting

Victor Onlin Legal Consultancy
was founded to provide
a wide range of legal services:

FIND OUT MORE...

Legal Services Retainer

A monthly subscription for legal services. Avoid those big unexpected costs when you need a lawyer. We offer a way to be always have legal protection at a small fixed monthly fee.

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