Your guide to labour law in south africa labour guide. In 2000, the parliament of south africa enacted the promotion of prevention of unfair discrimination act, which has among its primary objectives the prevention of hate speech terms such as coolie koelie. The constitution also says that every child has the right to a basic education and that every person has the right to. Notice of publication for comment of draft code of good administrative conduct published genn 5 in gg 40540 of 9 january 2017 p4 promotion of access to information amendment bill, 2019.
Promotion of equality and prevention of unfair discrimination act 4 of 2000 english text signed by the president assented to. To achieve this goal, the equality act prohibits unfair discrimination, hate speech and. Section 94 read together with schedule 6 of the constitution requires national legislation to be enacted by 3 february 2000 to prevent or prohibit unfair discrimination. It discusses to what extent the promotion of equality and prevention of unfair discrimination act 4 of 2000 will achieve its stated goals of facilitating socioeconomic transformation, facilitating the creation of a more caring society, and establishing accessible enforcement mechanisms. All persons s 271, including the state s 24, have a duty as well as responsibility to promote equality, according to the promotion of equality and prevention of unfair discrimination act 4 of 2000 the act which was published in the government gazette no. Jan 22, 20 1 this act is called the promotion of equality and prevention of unfair discrimination act, 2000, and comes into operation on a date fixed by the president by proclamation in the gazette. It endeavours to facilitate the transition to a democratic society united in its diversity and guided by the principles of equality, fairness, equity, social progress. Sabinet the promotion of equality and prevention of. Promotion of equality and prevention of unfair discrimination act act no. Juta promotion of equality and prevention of unfair. This was strengthened by the new promotion of equality and prevention of unfair discrimination act of 2000 also called the equality act. Promotion of equality and prevention of unfair discrimination act 4 of 2000 pepuda defines discrimination as meaning. Promotion of equality and prevention of unfair discrimination act 4 of 2000, promotion of access to information act 2 of 2000, promotion of administrative justice act 3.
Promotion of equality and prevention of unfair discrimination act 4 of 2000. Schedule definitions in this schedule the regulations means the regulations published by government notice no. Heres your guide to using the equality courts love not hate. This is a manual prepared in terms of the promotion of access to information act and the protection of personal information act for rennies ships agency pty ltd including its various subsidiaries collectively referred to as rsa hereafter.
Promotion of equality and prevention of unfair discrimination, regulations relating to the gn r764 in gg 25065 of june 2003 act to give effect to section 9 read with item 23 1 of schedule 6 to the constitution of the republic of south africa, 1996, so as to prevent and prohibit. The ahi strongly supports the constitutional principle that unfair discrimination be prevented or prohibited. Sabinet the promotion of equality and prevention of unfair. Promotion of equality and prevention of unfair discrimination act, no. Subpoena to witnesses to appear before the equality court in terms of section. Protection of access to information act manual traficc. Application of act chapter 2 prevention, prohibition andelination of unfair discrination, hate speech and harassment prevention and general prohibition of unfair discrimination prohibition of unfair discrimination on ground of race. She requested ms c botha da, the house chairperson to. The constitution prohibits unfair discrimination on the basis of sexual orientation. She requested ms c botha da, the house chairperson to elaborate more on this process. Preferential procurement policy framework act 5 of 2000. Promotion of equality and prevention of unfair discrimination act, 2000 protected disclosures act, 2000 protection of constitutional democracy against terrorist and related activities act, 2004 protection of personal information act, 20 public holidays act, 1994 securities transfer tax act, 2007 securities transfer. The promotion of equality and prevention of unfair discrimination act 4 of 2000.
She said that parliament had scheduled weeklong hearings on the impact of the promotion of equality and prevention of unfair discrimination act no. Promotion of access to information act, 2000 manual. This is particularly so in south africa, east africa, trinidad and tobago, guyana, suriname, jamaica, mauritius, fiji, and the malay peninsula. This act may be cited as the prevention of discrimination act. Prevention of unfair discrimination act, 2000 pepuda provides that the commission may take matters to a competent court or tribunal under its name or on behalf of a person or a group or class of persons. Compensation for occupational injuries and diseases act of 1993 national credit act 34 of 2005employment equity act 55 of 1998 income tax act 58 of 1962 labour relations act 66 of 1995 occupational health and safety act 85 of 1993 promotion of equality and prevention of unfair discrimination act 4 of 2000. Equality and prevention of unfair discrimination act, 2000 act no. Promotion of access to information act, 2000 act 2 of 2000. Employees have a legal recourse against unfair discrimination. Promotion of equality and prevention of unfair discrimination act, 2000 regulations the minister for justice and constitutional development has under section 30 of the promotion of equality and prevention of unfair discrimination act, 2000 act no. This article considers the limits of the law in addressing discrimination. Promotion of equality and prevention of unfair discrimination act 2000 act, no. Sep 23, 2019 promotion of equality and prevention of unfair discrimination amendment act, 2002.
Impact of the promotion of equality and prevention of. Promotion of equality and prevention of unfair discrimination amendment act 52 of 2002. Employment services act 1 employment services act no. Basic education rights handbook education rights in south africa chapter 4. The act further provides that harassment of an employee is a form of unfair discrimination and is prohibited on any one or a combination of grounds of unfair discrimination listed in subsection 1. Promotion of equality and elimination of unfair discrimination act 1 promotion of equality and prevention of unfair discrimination act 4 of 2000. The promotion of equality and prevention of unfair discrimination act, 2000 act no. Promotion of equality and prevention of unfair discrimination act no. Promotion of equality and prevention of unfair discrimination amendment act, 2002.
Promotion of equality and prevention of unfair discrimination. Unemployment insurance contributions act 4 of 2002. The user has requested enhancement of the downloaded file. The promotion of equality and prevention of unfair discrimination act 4 of 2000 intends. Promotion of equality and prevention of unfair discrimination act 4. Promotion of equality and prevention of unfair discrimination act.
Income tax act 58 of 1962 labour relations act 66 of 1995 occupational health and safety act 85 of 1993 promotion of equality and prevention of unfair discrimination act 4 of 2000 regional services councils act 109 of 1985 short term insurance act 53 of 1998 skills development act 97 of 1998. It should be noted, however, that the promotion of equality and prevention of unfair discrimination act, also referred to as the equality act, does not apply to any. Pdf the promotion of equality and prevention of unfair. Promotion of equality and prevention of unfair discrimination act 2000. Prevention of unfair discrimination act 4 of 2000 2001 4.
Skills development act 15 skills development act 97 of 1998. If your employment contract or severance agreement contains a confidentiality clause, these. Pension funds act no 24 of 1956 prevention and combating of corrupt activities act no 12 of 2004 promotion of equality and prevention of unfair discrimination act no. The work of the south african equality courts equal rights trust. Promotion of equality and prevention of unfair discrimation act, 2000. A sociolegal analysis of the promotion of equality and. As an example of antidiscrimination legislation, the act is ambitious in scope. The promotion of equality and prevention of unfair discrimination act. Referral of matter in terms of section 205 of the promotion of equality and prevention of unfair discrimination act, 2000 act no. As this manual is primarily concerned with the commissions internal complaints handling process, it does not deal with the litigation as the.
Promotion of equality and prevention of unfair discrimination act 4 of 2000 1 march 2015 to date this is the current version and applies as from 1 march 2015, i. Aug 27, 2018 2 without prejudice to any remedies of a civil nature under this act, the court may, in accordance with section 212n and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection 1, to the director of public prosecutions having jurisdiction for the institution of criminal proceedings in terms of. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The promotion of equality and prevention of unfair discrimination act, 2000 pepuda or the equality act, act no. Promotion of equality and prevention of unfair discrimination act, 2000 act no. Promotion of access to information act, 2000 act 2 of. Impact of the promotion of equality and prevention of unfair.