Uganda Act or statute

Parliament of Uganda

Equal Opportunities Commission Act

This section provides definitions for terms used in the Act. A person holding specified offices must give up that office when appointed as a member of the Commission. The Commission must have a Se…

Jurisdiction: Uganda
Structure: 33 provisions
Citation: Chapter 7
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“This section provides definitions for terms used in the Act.”

This section provides definitions for terms used in the Act. A person holding specified offices must give up that office when appointed as a member of the Commission. The Commission must have a Secretary (a public officer appointed in consultation with the Public Service Commission on terms set out in the appointment instrument); the Secretary has specified duties and may be removed only for listed grounds and must be informed and given opportunity to defend; the Commission may appoint other staff, second public officers, and engage consultants. The Commission may establish offices at appropriate administrative levels to help it perform its functions. The Commission must meet at least once every three months; the Chairperson must convene meetings, may call special meetings, and must convene a meeting within 14 days if at least three members request it in writing; notice is normally fourteen working days; quorum is three members; decisions by consensus or majority with chair's casting vote.

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Interpretation - Interpretation

This section provides definitions for terms used in the Act.

Section 1

Establishment and membership of Equal Opportunities Commission - Composition of Commission

The Commission must consist of five specified members; those members are appointed by the President with Parliament's approval and must be persons of high moral character, integrity, and relevant experience and commitment to equal opportunities or human…

Section 5

Financial and other matters - Commission to be self-accounting body

The Commission must be self-accounting and must deal directly with the Ministry responsible for finance on its financial matters.

Section 17

Miscellaneous - Representation by counsel

A person appearing before the Commission may be represented by legal counsel at his or her own expense.

Section 25

Miscellaneous - Power to amend Schedule 1

The Minister has the power to amend Schedule 1 to this Act by statutory instrument with the approval of Cabinet.

Section 33

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Showing 33 of 33 provisions

Provision 28Offence 3InterpretationAmendment

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

This section provides definitions for terms used in the Act.

Section Interpretation Section In this Act, unless the context otherwise requires— “ Commission ” means the Equal Opportunities Commission established by section 2 ; “ court ” means a court of competent jurisdiction; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ discrimination ” means any act, omission, policy, law, rule, practice, distinction, condition, situation, exclusion or preference which directly or indirectly, has the effect of nullifying or impairing equal opportunities or marginalising a section of society or resulting in unequal treatment of persons in employment or in the enjoyment of rights and freedoms on the basis of sex , race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability; “ equal opportunities ” means having the same treatment or consideration in the enjoyment of rights and freedoms, attainment of access to social services, education, employment and physical environment or the participation in social, cultural and political activities regardless of sex , age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability; “ gender ” means the social and cultural construct of roles, responsibilities, attributes, opportunities, privileges, status, access to and control over resources and benefits between men and women and boys and girls in a given society; “ marginalisation ” means depriving a person or a group of persons of opportunities for living a respectable and reasonable life as provided in the Constitution ; “ Minister ” means the Minister responsible for gender , labour and social development; “ Parliament ” means the Parliament of Uganda; “ person ” includes any individual, firm, company, association or partnership or body of persons, whether incorporated or not; “ sex ” means the natural state of being male or female.

Section 1Verify source

Part II

Establishment and membership of Equal Opportunities Commission

§ 10Establishment and membership of Equal Opportunities Commission - Members of Commission to relinquish particular officesProvision

A person holding specified offices must give up that office when appointed as a member of the Commission.

Section Members of Commission to relinquish particular offices Section A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission — a member of Parliament ; a member of the East African Legislative Assembly; a member of a local government council; a member of the executive of a political party or organisation at all levels; or a public officer.

Section 10Verify source

§ 11Establishment and membership of Equal Opportunities Commission - Secretary and other staff of CommissionProvision

The Commission must have a Secretary (a public officer appointed in consultation with the Public Service Commission on terms set out in the appointment instrument); the Secretary has specified duties and may be removed only for listed grounds and must be informed and given opportunity to defend; the Commission may appoint other staff, second public officers, and engage consultants.

Section Secretary and other staff of Commission Section The Secretary shall be a person — Subject to section 9 , the Secretary shall— The Secretary may be removed from office only for— The Commission shall have a Secretary who shall be a public officer appointed by the Commission in consultation with the Public Service Commission , on terms and conditions determined by the Commission in consultation with the Public Service Commission and specified in his or her instrument of appointment. of high moral character and proven integrity, possessed with relevant qualifications and experience in the field of public administration; and qualified to be appointed to the office of Permanent Secretary. be responsible for the carrying out of the policy decisions of the Commission and the day-to-day administration and management of the affairs of the Commission ; be responsible for the control of the other staff of the Commission ; be responsible for recording all minutes of the meetings of the Commission , and keeping all records and documents of the Commission ; have the custody of the seal of the Commission ; and perform any other function assigned to him or her by the Commission . inability to perform the functions of his or her office arising out of infirmity of body or mind; misbehaviour or misconduct; incompetence; or mismanagement or abuse of office. The Secretary shall be informed of the decision to remove him or her and shall be given adequate opportunity to defend himself or herself before he or she is removed. The Commission shall have such other officers and employees as may be necessary for the discharge of its functions. The officers and employees referred to in subsection (6) shall be appointed by the Commission in consultation with the Public Service Commission and shall hold office upon such terms and conditions as may be specified in their instruments of appointment. A public officer may, at the request of the Commission , be seconded to the service of the Commission . The Commission may engage the service of consultants, experts or advisers to assist it in the discharge of its functions and may remunerate them at such rates as may be determined by the Commission .

Section 11Verify source

§ 12Establishment and membership of Equal Opportunities Commission - Offices of CommissionProvision

The Commission may establish offices at appropriate administrative levels to help it perform its functions.

Section Offices of Commission Section The Commission may establish offices at appropriate administrative levels as it considers fit for the better performance of its functions.

Section 12Verify source

§ 13Establishment and membership of Equal Opportunities Commission - Meetings and procedure of CommissionProvision

The Commission must meet at least once every three months; the Chairperson must convene meetings, may call special meetings, and must convene a meeting within 14 days if at least three members request it in writing; notice is normally fourteen working days; quorum is three members; decisions by consensus or majority with chair's casting vote.

Section Meetings and procedure of Commission Section The Commission shall meet for the discharge of business at least once in every three months at such time and place as the Commission may determine and the Chairperson shall convene all the meetings. The Chairperson may, at any time, convene a special meeting of the Commission and shall convene a meeting within fourteen days if requested to do so in writing by at least three members of the Commission . Except for a special meeting referred to in subsection (2) , notice of a meeting of the Commission shall be given in writing to each member at least fourteen working days prior to the date of the meeting. The Chairperson shall preside at every meeting of the Commission and in the absence of the Chairperson the Vice Chairperson shall preside; in the absence of both the Chairperson and the Vice Chairperson, the members present shall elect one of their number to preside at the meeting. The quorum for a meeting of the Commission shall be three members, and all decisions at a meeting of the Commission shall, as far as possible, be arrived at by consensus. Where, on any matter consensus cannot be obtained, the matter shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote. The Commission may invite any person who, in the opinion of the Commission , has expert knowledge to attend and take part in any discussion or meeting of the Commission on any matter with respect to which his or her advice is required, but shall not have the right to vote at that meeting. The Commission may act, notwithstanding the absence of a member or any defect in the appointment or qualification of a member or any vacancy in the office of a member. A member of the Commission who is in any way directly or indirectly interested in any matter before the Commission shall disclose the nature or extent of his or her interest at a meeting of the Commission , and any disclosure made shall be recorded in the minutes of that meeting. A member who makes a disclosure at a meeting of the Commission shall not participate in any deliberation, or take part in any decision of the Commission with respect to that matter. Subject to the provisions of this Act, the Commission may regulate its own procedure.

Section 13Verify source

§ 2Establishment and membership of Equal Opportunities Commission - Establishment of Equal Opportunities CommissionProvision

Establishes the Equal Opportunities Commission as a corporate body.

Section Establishment of Equal Opportunities Commission Section In accordance with Article 32(3) of the Constitution , there is established a commission to be known as the Equal Opportunities Commission . The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, may do, enjoy or suffer anything that bodies corporate lawfully do, enjoy or suffer.

Section 2Verify source

§ 3Establishment and membership of Equal Opportunities Commission - Independence of CommissionProvision

Subject to the Constitution, the Commission must be independent and must not be subject to direction or control by any person or authority.

Section Independence of Commission Section Subject to the Constitution , the Commission shall, in exercise of its functions, be independent and shall not be subject to the direction or control of any person or authority.

Section 3Verify source

§ 4Establishment and membership of Equal Opportunities Commission - Seal of CommissionProvision

The Commission must determine the form of its seal and when it is applied (subject to any written law); the secretary must keep custody of the seal.

Section Seal of Commission Section The seal of the Commission shall be— in such form as the Commission may determine; applied in such circumstances as the Commission may determine, subject to any written law; and kept under the custody of the secretary. Judicial notice shall be taken of the seal of the Commission and any document sealed with the seal shall be admissible in evidence.

Section 4Verify source

§ 5Establishment and membership of Equal Opportunities Commission - Composition of CommissionProvision

Section Composition of Commission Section The Commission shall consist of five members who shall include a chairperson, a vice chairperson, at least one person with a disability, a youth and two women. The members of the Commission shall be appointed by the President with the approval of Parliament . The members of the Commission shall be persons of high moral character and proven integrity and possess considerable experience in, and a record of commitment to, matters relating to the promotion of equal opportunities or human rights.

Section 5Verify source

§ 6Establishment and membership of Equal Opportunities Commission - Tenure of office of members of CommissionOffence

Members serve full‑time for five years (eligible for one reappointment); the President may remove members for specified reasons; members may resign in writing at any time.

Section Tenure of office of members of Commission Section A member of the Commission may be removed from office by the President— A member of the Commission shall not be removed from office— A member of the Commission shall hold office on a full time basis for five years and is eligible for re-appointment for one more term. A member of the Commission may at any time resign his or her office in writing addressed to the President. for inability to perform the functions of his or her office arising out of infirmity of body or mind; for misbehaviour or misconduct; for incompetence; if the member is absent, without prior communication to the Chairperson, for more than four consecutive meetings of the Commission , or is absent from Uganda for more than twelve consecutive months; if the member is or becomes bankrupt or insolvent or enters into a composition scheme with his or her creditors; or if the member is convicted of an offence involving dishonesty, fraud or moral turpitude. under subsection (3)(a) , unless the medical board certifies that the person concerned is unable to perform the functions of the Commission ; under subsection (3)(b) , (c) and (d) , unless the person concerned is notified in writing and given an opportunity to defend himself or herself. Where a member is removed from office under this section, the President may appoint another person in accordance with section 5 to replace that member and the person appointed shall hold office for the remainder of the term of the member removed.

Section 6Verify source

§ 7Establishment and membership of Equal Opportunities Commission - Oath of members of CommissionProvision

Every member of the Commission must, before assuming duties under the Act, take and subscribe the oath specified in Schedule 2 to this Act.

Section Oath of members of Commission Section Every member of the Commission shall, before assuming his or her duties under this Act, take and subscribe the oath specified in Schedule 2 to this Act.

Section 7Verify source

§ 8Establishment and membership of Equal Opportunities Commission - Remuneration and allowances of members of CommissionProvision

Parliament must prescribe the emoluments of the members of the Commission.

Section Remuneration and allowances of members of Commission Section The emoluments of the members of the Commission shall be prescribed by Parliament and shall be a charge on the Consolidated Fund.

Section 8Verify source

§ 9Establishment and membership of Equal Opportunities Commission - Chairperson of CommissionProvision

The Chairperson of the Commission must lead and run the Commission and supervise the Secretary; the Vice Chairperson must deputise and perform functions assigned by the Chairperson or Commission.

Section Chairperson of Commission Section The Chairperson of the Commission shall— be the head of the Commission ; preside over or chair all meetings of the Commission ; be responsible for the general direction of the affairs and administration of the Commission ; and monitor and supervise the work of the Secretary. The Vice Chairperson shall deputise for the Chairperson and perform such other functions as the Chairperson or the Commission may assign.

Section 9Verify source

Part III

Functions and powers of Commission

§ 14Functions and powers of Commission - Functions of CommissionProvision

The Commission must monitor, evaluate and ensure equal opportunities across state organs, statutory bodies, public and private bodies, NGOs and communities, and it may investigate, examine laws, run information and research programmes, prepare guidelines, monitor international compliance, rectify discrimination through dispute resolution, and hear complaints.

Section Functions of Commission Section The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programmes, activities, practices, traditions, cultures, usage and customs of— Without prejudice to the generality of subsection (1) , the Commission may— organs of State at all levels; statutory bodies and agencies; public bodies and authorities; private businesses and enterprises; non-governmental organisations; and social and cultural communities, investigate or inquire into, on its own initiative or on a complaint made by any person or group of persons, any act, circumstance, conduct, omission, programme, activity or practice which seems to amount to or constitute discrimination , marginalisation or to otherwise undermine equal opportunities ; examine any law, proposed law, policy, culture, tradition, usage, custom or plan which is likely to have the effect of nullifying or impairing equal opportunities to persons in employment or enjoyment of human rights; develop, conduct and manage information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services; undertake research and organise, coordinate and promote workshops, seminars, conferences and public discussions on equal opportunities and treatment in employment, education, social services or social and cultural construct of roles and responsibilities in society; consider such recommendations, suggestions and requests concerning the promotion of equal opportunities as it may receive from any source; prepare and publish guidelines for the implementation of equal opportunities and the avoidance of acts, practices, usage, customs, tradition or cultures that undermine equal opportunities ; monitor the compliance, in Uganda, with the provisions of international and regional conventions, treaties and other instruments to which Uganda is a party, that relate to or are relevant to the functions and objects of the Commission ; perform such other functions that are incidental or conducive to the functions in this subsection. The Commission may rectify, settle or remedy any act, omission, circumstance, practice, tradition, culture, usage or custom that is found to constitute discrimination , marginalisation or which otherwise undermines equal opportunities through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism. Subject to subsection (3) , the Commission may hear and determine complaints by any person against any action, practice, usage, plan, policy programme, tradition, culture or custom followed by any organ, body, business organisation, institution or person which amounts to discrimination or marginalisation , or undermines equal opportunities .

Section 14Verify source

§ 15Functions and powers of Commission - Powers of CommissionProvision

The Commission has court-like powers to inspect and require documents and testimony, may refer or recommend actions, may establish procedures and request assistance, shall not investigate certain listed matters, and must observe natural justice.

Section Powers of Commission Section In the performance of its functions under this Act, the Commission shall have the powers of a court to— inspect any books, papers, materials or documents produced before it or otherwise and— Subject to subsection (3) , where a person — In the course of its proceedings, the Commission may— In the discharge of its functions, the Commission may— The Commission shall not investigate— any matter involving behaviour which is considered to be— In the performance of its functions, the Commission — require the attendance before the Commission of any person ; require the production of any books, papers or documents; retain any such books, papers, materials, or documents for such reasonable period as the Commission deems fit; make copies of any of them, or their contents; require any person to take oath or affirmation to answer truthfully all questions put by members of the Commission relating to any matter being inquired into by the Commission ; require any person appearing before the Commission , including the person whose conduct is subject to an inquiry, whether summoned to appear or not, to answer any question put by any member of the Commission , or by any other person appearing before the Commission . who has been served with a summons to attend before the Commission fails, without reasonable excuse, to attend in obedience to the summons; who has been served with a summons to produce any books, papers, materials or documents fails, without reasonable excuse, to comply with the summons; misbehaves before the Commission , willfully insults the Commission or a member of the Commission , or interrupts the proceedings of the Commission ; or refuses to be sworn or to affirm or to answer a question when required to do so by the Commission , receive in evidence, the transcript of evidence in proceedings before a court or tribunal and draw such conclusions of fact from that evidence as it considers proper; or adopt, as in its discretion it considers proper, any findings, decision or judgment of a court or tribunal that may be relevant to the proceedings. refer any matter to any other institution, body, tribunal or authority which, in the opinion of the Commission , can best handle that matter; recommend to or order any institution, body, authority or person to adopt or take particular steps or actions which, in the opinion of the Commission , will promote equal opportunities ; recommend to any Minister , institution, body or authority to adopt legislation which promotes equal opportunity, and the institution, body, authority, person or Minister shall implement or cause the implementation of the recommendation within six months from the date of communication of the recommendation. The Commission may, in writing, delegate to a member of the Commission any of its powers or functions under this Act, other than this power of delegation. any matter which is pending before a court or judicial tribunal or is under investigation by another constitutional commission; a matter involving the relations or dealings between the Government of Uganda and the Government of any foreign State or international organisation; a matter relating to the exercise of the prerogative of mercy; or immoral and socially harmful; or unacceptable, may establish its operational guidelines and rules of procedure; may request the assistance of any department, bureau, office, agency or person in the performance of its functions; and shall observe the rules of natural justice.

Section 15Verify source

Part IV

Financial and other matters

§ 16Financial and other matters - Funds of CommissionProvision

Lists what constitutes the funds of the Commission and states who administers them.

Section Funds of Commission Section The funds of the Commission shall include the following— money appropriated by Parliament for the purposes of the Commission ; loans, grants, donations or gifts from sources within or outside Uganda; or such other sums of money as may become payable to the Commission in the discharge of its functions. All the money of the Commission shall be administered and controlled by the Secretary who shall be the accounting officer for purposes of the Public Finance Management Act.

Section 16Verify source

§ 17Financial and other matters - Commission to be self-accounting bodyProvision

The Commission must be self-accounting and must deal directly with the Ministry responsible for finance on its financial matters.

Section Commission to be self-accounting body Section The Commission shall be a self-accounting body and shall deal directly with the Ministry responsible for finance on matters concerning its finances.

Section 17Verify source

§ 18Financial and other matters - Commission expenses to be charged on Consolidated FundProvision

The administrative expenses of the Commission, including salaries, allowances and pensions payable to persons serving with the Commission, shall be a charge on the Consolidated Fund.

Section Commission expenses to be charged on Consolidated Fund Section All the administrative expenses of the Commission including salaries, allowances and pensions payable to persons serving with the Commission shall be a charge on the Consolidated Fund.

Section 18Verify source

§ 19Financial and other matters - Financial yearProvision

The Commission's financial year runs for twelve months from 1 July to 30 June of the following year.

Section Financial year Section The financial year of the Commission shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section 19Verify source

§ 20Financial and other matters - Estimates of CommissionProvision

All money to pay the Commission's expenses, including allowances, salaries and pensions, must be submitted to Parliament for approval without alteration by the Minister responsible for finance.

Section Estimates of Commission Section All money to defray the expenses of the Commission in the discharge of its functions or in the carrying out of the purposes of this Act, including the payment of allowances, salaries and pensions payable to or in respect of persons serving with the Commission , shall, without alteration by the Minister responsible for finance, be submitted to Parliament for approval.

Section 20Verify source

§ 21Financial and other matters - Accounts and auditProvision

Requires the Commission to keep proper books of accounts; requires auditing of those books by the Auditor General or an auditor appointed by the Auditor General; grants audit access and information-request powers to the Auditor General or appointed auditor; requires the Auditor General to submit audited accounts and reports to the Minister and to the Commission within six months after the end of each financial year.

Section Accounts and audit Section The Commission shall keep proper books of accounts in respect of its income and expenditure, in a form approved by the Auditor General. The books of accounts of the Commission shall be audited by the Auditor General or by an auditor appointed by the Auditor General within three months after the end of each financial year. The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts and other financial records of the Commission and may request for any information and explanation in relation to those books or records. The Auditor General shall, within six months after the end of each financial year, submit to the Minister a copy of the audited accounts of the Commission with his or her report on the account, stating any matter which in his or her opinion has to be brought to the attention of the Minister . The Auditor General shall, within six months after the end of each financial year, submit a copy of the audited accounts and report referred to in subsection (4) to the Commission .

Section 21Verify source

§ 22Financial and other matters - Minister to lay report before ParliamentProvision

The Minister must lay the audited accounts and reports referred to in section 21(4) before Parliament as soon as practicable after receiving them.

Section Minister to lay report before Parliament Section The Minister shall, as soon as practicable after receiving the audited accounts and reports referred to in section 21(4) , lay them before Parliament .

Section 22Verify source

Part V

Miscellaneous

§ 23Miscellaneous - Lodging complaintsProvision

A person may lodge a written complaint about discrimination, marginalisation or acts undermining equal opportunities with the Commission; such complaints must be in writing and signed, and the Commission must consider them within six months.

Section Lodging complaints Section A person may lodge a complaint relating to discrimination , marginalisation or any act which undermines or impairs equal opportunities , with the Commission . A complaint made under subsection (1) shall be in writing and signed by the complainant or complainants. The Commission shall consider or hear the complaint within six months after receipt of the complaint.

Section 23Verify source

§ 24Miscellaneous - Reports by CommissionProvision

The Commission may submit reports to the Minister; must submit reports when requested; must publish periodic reports; must submit an annual report to Parliament on equal opportunities; and those annual reports must be signed by the Chairperson and addressed to the Speaker with a copy to the President.

Section Reports by Commission Section The Commission may submit a report to the Minister on any matter arising during the course of the performance of its functions under this Act, and shall, when requested to do so, submit a report on any matter to the Minister . The Commission shall publish and disseminate periodic reports on its findings and shall submit an annual report to Parliament on the state of equal opportunities in the country. The annual reports referred to in subsection (2) shall be signed by the Chairperson and addressed to the Speaker of Parliament , with a copy to the President.

Section 24Verify source

§ 25Miscellaneous - Representation by counselProvision

A person appearing before the Commission may be represented by legal counsel at his or her own expense.

Section Representation by counsel Section A person appearing before the Commission may be represented by legal counsel at his or her own expense.

Section 25Verify source

§ 26Miscellaneous - Immunity of members of Commission and staffProvision

Members, employees and other persons acting under the Commission's direction are exempt from personal liability to civil proceedings for acts done in good faith in performing the Commission's functions or exercising its powers.

Section Immunity of members of Commission and staff Section A member of the Commission or an employee of the Commission or any other person performing any function of the Commission under the direction of the Commission shall not be personally liable to any civil proceedings for any act done in good faith in the performance of the functions or the exercise of the powers of the Commission under the Act.

Section 26Verify source

§ 27Miscellaneous - Immunity of witnessesProvision

A witness appearing before the Commission is entitled to the same immunities and privileges as a witness before a court of law.

Section Immunity of witnesses Section A witness appearing before the Commission shall have the same immunities and privileges as if he or she were a witness before a court of law.

Section 27Verify source

§ 28Miscellaneous - Attendance allowanceProvision

A person summoned as a witness before the Commission is entitled to reimbursement of expenses equal to what a witness in High Court criminal proceedings receives; other persons invited to assist may be paid reasonable allowances by the Commission.

Section Attendance allowance Section A person summoned to appear before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses, such allowance as is payable to a witness appearing before the High Court in criminal proceedings. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission , such allowances as the Commission may consider reasonable.

Section 28Verify source

§ 29Miscellaneous - AppealsProvision

An aggrieved person may appeal a Commission settlement, recommendation or order to the High Court within thirty days; the Chief Justice must make rules of court regulating such appeals.

Section Appeals Section Any person aggrieved by a settlement, recommendation or order of the Commission may, subject to this Act, appeal to the High Court within thirty days after the settlement, recommendation or order of the Commission is communicated to him or her. The Chief Justice shall make rules of court for regulating appeals under this section.

Section 29Verify source

§ 30Miscellaneous - Application of court rulesProvision

If the Commission's own procedure rules do not cover a matter, the Commission may apply the court rules for civil or criminal proceedings with necessary modifications.

Section Application of court rules Section Where the rules of procedure of the Commission do not provide for a particular matter before the Commission , the rules applicable to civil or criminal proceedings in a court of law may be applied by the Commission with such modifications as may be necessary.

Section 30Verify source

§ 31Miscellaneous - Offences relating to administration of ActOffence

Persons are prohibited from hindering, intimidating, coercing or otherwise interfering with participants, Commission representatives or those implementing Commission orders; contravention is an offence punishable by a fine up to 250 currency points or up to 18 months imprisonment, or both.

Section Offences relating to administration of Act Section A person shall not hinder, obstruct, molest or interfere with— A person who— intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to another person , by reason that the other person — a member participating in an inquiry or examination under this Act; a person acting on behalf of the Commission , while that person is holding an inquiry or carrying out an investigation under this Act; or a person implementing an order of the Commission . A person , who contravenes subsection (1) , commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points or to imprisonment for a term not exceeding eighteen months, or both. refuses to employ another person ; dismisses or threatens to prejudice another person in that other person ’s employment; has made, or proposes to make a complaint to the Commission ; has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to this Act or impairs equal opportunities ; has furnished, or proposes to furnish, any information or documents to the Commission or to a person acting on behalf of the Commission ; or has given or proposes to give evidence before the Commission or to a person acting on behalf of the Commission ; or contravenes or refuses to implement any order, or settlement made by the Commission ,

Section 31Verify source

§ 32Miscellaneous - RegulationsOffence

The Minister may make regulations by statutory instrument, in consultation with the Commission, to prescribe matters required by the Act and to give effect to it; regulations may prescribe fines (up to 250 currency points), imprisonment (up to 18 months), or both, and for continuing offences an additional fine (up to 100 currency points) per day.

Section Regulations Section The Minister may, by statutory instrument and in consultation with the Commission , make regulations prescribing any matter required to be prescribed under this Act and for carrying out or giving effect to the provisions of this Act. Any regulations made under this section may prescribe in respect of a contravention of the regulations, or any provision of this Act where no penalty has been prescribed, a fine not exceeding two hundred fifty currency points or imprisonment for a term not exceeding eighteen months, or both; and in the case of a continuing offence, an additional fine not exceeding one hundred currency points in respect of each day on which the offence continues.

Section 32Verify source

§ 33Miscellaneous - Power to amend Schedule 1Amendment

The Minister has the power to amend Schedule 1 to this Act by statutory instrument with the approval of Cabinet.

Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

Section 33Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Commission in the discharge of its functions or in the carrying out of the purposes of this Act
Section 20
Commission Section In the performance of its functions under this Act
Section 15
Commission under the Act
Section 26
Commission with respect to that matter. Subject to the provisions of this Act
Section 13

N–S

2 instruments

Public Finance Management Act
Section 16
Schedule 1 The Minister has the power to amend Schedule 1 to this Act
Section 33

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