The Act applies to the state as well, and although it prohibits discrimination against any person in general, it specifically refers to unfair discrimination on the grounds of race, gender and disability. According to the preamble of the regulations promulgated in terms of the Act, it endeavours to facilitate the transition to a democratic society, united in its diversity, marked by human relations that are caring and compassionate, and guided by the principles of equality, fairness, equity, social progress, justice, human dignity and freedom. Mavhidula explained that the commission is empowered by the Act to take matters to the Equality Court, and added that magistrates' courts are designated as equality courts for the purpose of the act and that cases may ultimately be taken to higher courts. Proceedings under the Act may be instituted by any person acting in his or her own interest, any person acting on behalf of another person who cannot act in his own name or any person acting as a member of, or in the interests of a group or class of persons. A person acting in the public interest, any association acting in the interests of its members or the SAHRC, or the Commission for Gender Equality may also lodge cases with the court. If a matter is ultimately heard by the court, it is empowered to, among other measures, make an interim or declaratory order, make a settlement between the parties an order of court or order the payment of damages in respect of any proven financial loss, including future loss, or in respect of impairment of dignity, pain and suffering or emotional or psychological suffering as a result of the unfair discrimination, hate speech or harassment in question.

Source: Polokwane Observer