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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
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), (3)–(5); Chapter 7, section 32–33, section 34(1), section 35 | commenced on 1 September 2000 by Proclamation R54 of 2000. |
Chapter 4, section 16(1)(c)–(d), (2)(a)–(b), (3)–(5), section 17(2)–(3); Chapter 6, section 31(2)(a)(i)–(ii), (6)–(7) | commenced on 15 January 2003. |
Chapter 1, section 4(1); Chapter 2, section 7–12; Chapter 3 (section 13–15); Chapter 4, section 16(1)(a)–(b), (2), section 17(1), section 18–23; Chapter 6, section 30, section 31(1), (2)(a)–(b), (3)–(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 7, section 33(6)(a)–(b) | commenced on 17 February 2009. |
Chapter 5, section 24–28, section 29(2) | 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
01 March 2015
17 February 2009 this version
Amended by
Judicial Matters Amendment Act, 2008
Commenced
11 January 2006
31 March 2005
16 June 2003
15 January 2003
01 September 2000
09 February 2000
02 February 2000
Assented to
Uncommenced provisions
Legislation provisions that have not yet come into force.
All uncommenced provisions →
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16. Equality courts and presiding officers
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Chapter 5 – Promotion of equality
Note: this provision has some subprovisions that have already come into force.Chapter 5
Promotion of equality24. General responsibility to promote equality
(1)The State has a duty and responsibility to promote and achieve equality. (2)All persons have a duty and responsibility to promote equality. 25. Duty of State to promote equality
(1)The State must, where necessary with the assistance of the relevant constitutional institutions— (a)develop awareness of fundamental rights in order to promote a climate of understanding, mutual respect and equality; (b)take measures to develop and implement programmes in order to promote equality; and (c)where necessary or appropriate— (i)develop action plans to address any unfair discrimination, hate speech or harassment; (ii)enact further legislation that seeks to promote equality and to establish a legislative framework in line with the objectives of this Act; (iii)develop codes of practice as contemplated in this Act in order to promote equality, and develop guidelines, including codes in respect of reasonable accommodation; (iv)provide assistance, advice and training on issues of equality; (v)develop appropriate internal mechanisms to deal with complaints of unfair discrimination, hate speech or harassment; (vi)conduct information campaigns to popularise this Act. (2)The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes. (3)In addition to the powers and functions of the constitutional institutions these institutions are also competent to— (a)assist complainants in instituting proceedings in an equality court, particularly complainants who are disadvantaged; (b)conduct investigations into cases and make recommendations as directed by the court regarding persistent contravention of this Act or cases of unfair discrimination, hate speech or harassment referred to them by an equality court; (c)request from the Department, in the prescribed manner, regular reports regarding the number of cases and the nature and outcome thereof. (4)All Ministers must implement measures within the available resources which are aimed at the achievement of equality in their areas of responsibility by— (a)eliminating any form of unfair discrimination or the perpetuation of inequality in any law, policy or practice for which those Ministers are responsible; and (b)preparing and implementing equality plans in the prescribed manner, the contents of which must include a time frame for implementation of such plans, formulated in consultation with the Minister of Finance. (5) (a)The equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission to be dealt with in the prescribed manner. (b)The South African Human Rights Commission must consult with the Commission on Gender Equality when dealing with the plans contemplated in paragraph (a). 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—(a)adopting appropriate equality plans, codes, regulatory mechanisms and other appropriate measures for the effective promotion of equality in the spheres of their operation; (b)enforcing and monitoring the enforcement of the equality plans, codes and regulatory mechanisms developed by them; and (c)making regular reports to the relevant monitoring authorities or institutions as may be provided in regulations, where appropriate. 27. Social commitment by all persons to promote equality
(1)Pursuant to section 26, all persons, non-governmental organisations, community-based organisations and traditional institutions must promote equality in their relationships with other bodies and in their public activities. (2)The Minister must develop regulations in relation to this Act and other Ministers may develop regulations in relation to other Acts which require companies, closed corporations, partnerships, clubs, sports organisations, corporate entities and associations, where appropriate, in a manner proportional to their size, resources and influence, to prepare equality plans or abide by prescribed codes of practice or report to a body or institution on measures to promote equality. 28. Special measures to promote equality with regard to race, gender and disability
(1)If it is proved in the prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence. (2)The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act No. 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems. (3) (a)The State, institutions performing public functions and all persons have a duty and responsibility, in particular to— (i)eliminate discrimination on the grounds of race, gender and disability; (ii)promote equality in respect of race, gender and disability. (b)In carrying out the duties and responsibilities referred to in paragraph (a), the State, institutions performing public functions and, where appropriate and relevant, juristic and non-juristic entities, must— (i)audit laws, policies and practices with a view to eliminating all discriminatory aspects thereof; (ii)enact appropriate laws, develop progressive policies and initiate codes of practice in order to eliminate discrimination on the grounds of race, gender and disability; (iii)adopt viable action plans for the promotion and achievement of equality in respect of race, gender and disability; and (iv)give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability. 29. Illustrative list of unfair practices in certain sectors
(1)Without detracting from the generality of the provisions of this Act, the Schedule to this Act is intended to illustrate and emphasise some practices which are or may be unfair, that are widespread and that need to be addressed. (2)The State must, where appropriate, ensure that legislative and other measures are taken to address the practices referred to in subsection (1). (3)The Minister must, on the recommendation of the Equality Review Committee, on an ongoing basis, assess the relevance of the practices contained in the Schedule for purposes of expanding, altering, varying or amending the list of practices in the Schedule. (4)The Schedule is also intended to provide an illustrative list of practices that are or may be unfair discrimination in order to— (a)address and eliminate these practices; and (b)assist persons in interpreting their experiences and practices. (5)The illustrative list of practices in the Schedule is not conclusive and must be considered and revised by the Equality Review Committee on a continuous basis. -
24. General responsibility to promote equality
24. General responsibility to promote equality
(1)The State has a duty and responsibility to promote and achieve equality. (2)All persons have a duty and responsibility to promote equality. -
25. Duty of State to promote equality
25. Duty of State to promote equality
(1)The State must, where necessary with the assistance of the relevant constitutional institutions— (a)develop awareness of fundamental rights in order to promote a climate of understanding, mutual respect and equality; (b)take measures to develop and implement programmes in order to promote equality; and (c)where necessary or appropriate— (i)develop action plans to address any unfair discrimination, hate speech or harassment; (ii)enact further legislation that seeks to promote equality and to establish a legislative framework in line with the objectives of this Act; (iii)develop codes of practice as contemplated in this Act in order to promote equality, and develop guidelines, including codes in respect of reasonable accommodation; (iv)provide assistance, advice and training on issues of equality; (v)develop appropriate internal mechanisms to deal with complaints of unfair discrimination, hate speech or harassment; (vi)conduct information campaigns to popularise this Act. (2)The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes. (3)In addition to the powers and functions of the constitutional institutions these institutions are also competent to— (a)assist complainants in instituting proceedings in an equality court, particularly complainants who are disadvantaged; (b)conduct investigations into cases and make recommendations as directed by the court regarding persistent contravention of this Act or cases of unfair discrimination, hate speech or harassment referred to them by an equality court; (c)request from the Department, in the prescribed manner, regular reports regarding the number of cases and the nature and outcome thereof. (4)All Ministers must implement measures within the available resources which are aimed at the achievement of equality in their areas of responsibility by— (a)eliminating any form of unfair discrimination or the perpetuation of inequality in any law, policy or practice for which those Ministers are responsible; and (b)preparing and implementing equality plans in the prescribed manner, the contents of which must include a time frame for implementation of such plans, formulated in consultation with the Minister of Finance. (5) (a)The equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission to be dealt with in the prescribed manner. (b)The South African Human Rights Commission must consult with the Commission on Gender Equality when dealing with the plans contemplated in paragraph (a). -
26. Responsibility of persons operating in public domain 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—(a)adopting appropriate equality plans, codes, regulatory mechanisms and other appropriate measures for the effective promotion of equality in the spheres of their operation; (b)enforcing and monitoring the enforcement of the equality plans, codes and regulatory mechanisms developed by them; and (c)making regular reports to the relevant monitoring authorities or institutions as may be provided in regulations, where appropriate. -
27. Social commitment by all persons to promote equality
27. Social commitment by all persons to promote equality
(1)Pursuant to section 26, all persons, non-governmental organisations, community-based organisations and traditional institutions must promote equality in their relationships with other bodies and in their public activities. (2)The Minister must develop regulations in relation to this Act and other Ministers may develop regulations in relation to other Acts which require companies, closed corporations, partnerships, clubs, sports organisations, corporate entities and associations, where appropriate, in a manner proportional to their size, resources and influence, to prepare equality plans or abide by prescribed codes of practice or report to a body or institution on measures to promote equality. -
28. Special measures to promote equality with regard to race, gender and disability
28. Special measures to promote equality with regard to race, gender and disability
(1)If it is proved in the prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence. (2)The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act No. 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems. (3) (a)The State, institutions performing public functions and all persons have a duty and responsibility, in particular to— (i)eliminate discrimination on the grounds of race, gender and disability; (ii)promote equality in respect of race, gender and disability. (b)In carrying out the duties and responsibilities referred to in paragraph (a), the State, institutions performing public functions and, where appropriate and relevant, juristic and non-juristic entities, must— (i)audit laws, policies and practices with a view to eliminating all discriminatory aspects thereof; (ii)enact appropriate laws, develop progressive policies and initiate codes of practice in order to eliminate discrimination on the grounds of race, gender and disability; (iii)adopt viable action plans for the promotion and achievement of equality in respect of race, gender and disability; and (iv)give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability. -
29. Illustrative list of unfair practices in certain sectors (2)
(2)The State must, where appropriate, ensure that legislative and other measures are taken to address the practices referred to in subsection (1).
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Practice – companies – litigation ─ whether obliged to act through a legal representative. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 - application for interim interdict to Equality Court – failure to establish a prima facie case |
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