The Use of Non-Adjudicative Methods to Resolve Discrimination Complaints under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Abstract

The search for adequate structures to successfully manage the conflicts underpinning discrimination complaints necessitates an investigation into the existence of the ideal conflict resolution methods. If ideal methods exist, it is important to evaluate the provision made in South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 for the use of such methods. The assessment, in the first part of this paper, of the nature of conflict and the various types of conflict resolution methods identifies non-adjudicative methods as the ideal conflict resolution methods, although it is acknowledged that these ideal methods might not necessarily be the most suitable methods. Apart from identifying the advantages of the non-adjudicative methods, the paper also examines the concerns raised about the use of these methods. The final part of the paper critically evaluates the scope allowed in the Promotion of Equality and Prevention of Unfair Discrimination Act for the use of non-adjudicative conflict resolution methods, as well as the proper assessment of the conflicts in order to establish the most suitable conflict resolution method. The paper finally raises the issue of not allowing direct access to Equality Courts in order to ensure proper assessments of conflicts and the best possible use of non-adjudicative methods.