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Referring a Case to the Equality Court

If you have any questions on whether you should lodge a case, how a case is progressing, or what you would like to ask the Court to do, you can ask the equality clerk at the Court.

It does not cost anything to bring a case to the Equality Court unless you fail to attend a court date without good reason, then the court might make you pay the costs of the side that did attend. The equality clerk or the South African Human

Rights Commission can advise you on getting legal assistance. The Act says that the Court staff must help people find legal assistance if they ask for it. However, legal assistance does not necessarily refer to a qualified attorney. Legal assistance can be given by a member of staff from a Non-profit organisation (NPO), someone from an advice office, a paralegal or senior law student, or anyone who understands the subject and how the court will operate.

If a complaint involves special knowledge of a particular cultural community, the presiding officer can appoint up to two recognised experts in this area, called ‘assessors,’ to help the Court understand the case more clearly.

If you do not speak the main language used by the Equality Court, you have the right to be helped by an interpreter.

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