The responsibility for meeting the general and specific duties remains with the ‘outsourcing’ parent public authority.
As such public authorities are under an obligation to ensure that private enterprises carrying out public functions comply with the Race Relations Amendment Act 2000.
This means that public authorities need to ensure that a private contractor acts in accordance with the Race Relations Amendment Act in terms of meeting the general duty at least.
It is good practice for public authorities to ask specific race equality questions and obtain tangible evidence that the contractor supports/promotes race equality in relation to the service that is to be outsourced prior to entering into contract.
It is good practice to insist authorities include race equality criteria when contract compliance indicators are being drafted.
Many public authorities are also the largest employers in local areas and their procurement practices (from purchasing to tendering) can influence the economic opportunities of black businesses.
It is good practices for public authorities to ensure that their procurement policies seek to eliminate race discrimination and promote equality of opportunity.
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