South Africa
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
Act 4 of 2000
- Published in Government Gazette 20876 on 9 February 2000
- Assented to on 2 February 2000
- There are multiple commencements
- [This is the version of this document as it was from 17 February 2009 to 28 February 2015.]
Provisions | Status |
---|---|
Chapter 1, section 1–3, section 4(2), section 5; Chapter 2, section 6; Chapter 5, section 29(1), 29(3), 29(4), 29(5); Chapter 7, section 32, section 33, section 34(1), section 35 | commenced on 1 September 2000 by Proclamation R54 of 2000. |
Chapter 4, section 16(1)(c), 16(1)(d), 16(2)(a), 16(2)(b), 16(3), 16(4), 16(5), section 17(2), 17(3); Chapter 6, section 31(2)(a)(i), 31(2)(a)(ii), 31(6), 31(7) | commenced on 15 January 2003. |
Chapter 1, section 4(1); Chapter 2, section 7, section 8–12; Chapter 3 (section 13–15); Chapter 4, section 16(1)(a), 16(1)(b), 16(2), section 17(1), section 18, section 19–23; Chapter 6, section 30, section 31(1), 31(2)(a), 31(2)(b), 31(3), 31(4), 31(5); Chapter 7, section 34(2) | commenced on 16 June 2003 by Proclamation R49 of 2003. |
Chapter 4, section 17(4) | commenced on 31 March 2005. |
Chapter 5, section 24–28, section 29(2); Chapter 7, section 33(6)(a), 33(6)(b) | not yet commenced. |
- [Amended by Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002 (Act 52 of 2002) on 15 January 2003]
- [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
- [Amended by Judicial Matters Amendment Act, 2005 (Act 22 of 2005) on 11 January 2006]
- [Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 17 February 2009]
Chapter 1
Definitions, objects, interpretation, guiding principles and application of Act
1. Definitions
2. Objects of Act
The objects of this Act are—3. Interpretation of Act
4. Guiding principles
5. Application of Act
Chapter 2
Prevention, prohibition and elimination of unfair discrimination, hate speech and harassment
6. Prevention and general prohibition of unfair discrimination
Neither the State nor any person may unfairly discriminate against any person7. Prohibition of unfair discrimination on ground of race
Subject to section 6, no person may unfairly discriminate against any person on the ground of race, including—8. Prohibition of unfair discrimination on ground of gender
Subject to section 6, no person may unfairly discriminate against any person on the ground of gender, including—9. Prohibition of unfair discrimination on ground of disability
Subject to section 6, no person may unfairly discriminate against any person on the ground of disability, including—10. Prohibition of hate speech
11. Prohibition of harassment
No person may subject any person to harassment.12. Prohibition of dissemination and publication of information that unfairly discriminates
No person may—Chapter 3
Burden of proof and determination of fairness or unfairness
13. Burden of proof
14. Determination of fairness or unfairness
15. Hate speech and harassment not subject to determination of fairness
In cases of hate speech and harassment section 14 does not apply.Chapter 4
Equality courts
16. Equality courts and presiding officers
17. Clerks of equality courts
18. Witnesses
The attendance of witnesses and the payment of witness fees in cases arising from the application of this Act must be determined by the Minister in the prescribed manner.19. Rules and court proceedings
20. Institution of proceedings in terms of or under Act
21. Powers and functions of equality court
22. Assessors
23. Appeals and reviews
Chapter 5
Promotion of equality
24. General responsibility to promote equality
25. Duty of State to promote equality
26. Responsibility of persons operating in public domain to promote equality
It is the responsibility of any person directly or indirectly contracting with the State or exercising public power to promote equality by—27. Social commitment by all persons to promote equality
28. Special measures to promote equality with regard to race, gender and disability
29. Illustrative list of unfair practices in certain sectors
Chapter 6
General provisions and implementation of Act
30. Regulations
31. Implementation of Act
Chapter 7
Review of Act, short title and commencement
32. Establishment of Equality Review Committee
The Minister must, immediately, upon promulgation of this Act, by notice in the Gazette, establish an Equality Review Committee and appoint members, consisting of—33. Powers, functions and term of office of Equality Review Committee
34. Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status
35. Short title and commencement
History of this document
03 April 2024 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2017
08 January 2016 amendment not yet applied
Amended by
Judicial Matters Amendment Act, 2015
01 March 2015 amendment not yet applied
Amended by
Legal Aid South Africa Act, 2014
17 February 2009 this version
Amended by
Judicial Matters Amendment Act, 2008
11 January 2006
31 March 2005
16 June 2003
15 January 2003
01 September 2000
09 February 2000
02 February 2000
Assented to
Cited documents 4
Act 4
1. | Magistrates' Courts Act, 1944 | 2733 citations |
2. | Constitution of the Republic of South Africa, 1996 | 601 citations |
3. | Employment Equity Act, 1998 | 544 citations |
4. | Rules Board for Courts of Law Act, 1985 | 198 citations |
Documents citing this one 213
Gazette 120
Judgment 78
Act 10
1. | Companies Act, 2008 | 1918 citations |
2. | Consumer Protection Act, 2008 | 1138 citations |
3. | National Credit Act, 2005 | 629 citations |
4. | Tourism Act, 2014 | 295 citations |
5. | Protected Disclosures Act, 2000 | 96 citations |
6. | Legal Aid South Africa Act, 2014 | 30 citations |
7. | Home Loan and Mortgage Disclosure Act, 2000 | 29 citations |
8. | Prevention and Combating of Hate Crimes and Hate Speech Act, 2023 | 7 citations |
9. | KwaZulu-Natal Umzimkhulu Alignment Act, 2017 | 2 citations |
10. | National Health Insurance Act, 2023 | 1 citation |
Case summary 2
By-law 1
1. | Rules and Procedures of the Council and its Committee By-law, 2017 |
Government Notice 1
1. | Legal Aid of South Africa Regulations, 2017 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |