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1 REPUBLIC OF SOUTH AFRICAGOVERNMENT GAZETTER egistered at the Post Ofice as a Newspaper1 VOL 416 CAPE TOWN, 9 FEBRUARY 2000No. 208761 OFFICE OF THE PRESIDENCYtNo. February 20001It is hereby notified that the President has assented to thefollowing Act which is hereby published for general informa-tion: ~$No. 4 of 2000: Promotion of Equality and Prevention of Unfair&Discrimination Act..G ? . ~NO. 20876 GOVERNMENT GA=~, 9~+ ..Act No. 4,2000 PROMO~ON OF EQUALI~ AND PREVEN~ON OF.>?., ,UNFMR DISCW~A~ON AH, 2000(English text signed by the President.)(Assented to 2 February 2000.)ACTTo give effect to section 9 read with item 23(1) of Schedule 6 to the Constitution ofthe REPUBLIC of SOUTH AFRICA ,1996, so as to prevent and prohibit unfairdiscrimination and harassment; to promote equality and eliminate unfairdiscrimination; to prevent and prohibit hate speech; and to provide for mattersconnected consolidation of democracy in our country requires the eradication of social andeconomic inequalities, especially those that are systemic in nature, which weregenerated in our history by colonialism, apartheid and patriarchy, and which broughtpain and suffering to the great majority of our people.

2 Although significant progress has been made in restructuring and transforming oursociety and its institutions, systemic inequalities and unfair discrimination remaindeeply embedded in social structures, practices and attitudes, undermining theaspirations of our constitutional democracy;The basis for progressively redressing these conditions lies in the Constitution which,amongst others, upholds the values of human dignity, equality, freedom and socialjustice in a united, non-racial and non-sexist society where all may flourish; SOUTH AFRICA also has international obligations under binding treaties and customaryinternational law in the field of human rights which promote equality and prohibit unfairdiscrimination. Among these obligations are those specified in the Convention on theElimination of All Forms of Discrimination Against Women and the Convention on theElimination of All Forms of Racial Discrimination;Section 9 of the Constitution provides for the enactment of national legislation toprevent or prohibit unfair discrimination and to promote the achievement of equality;This implies the advancement, by special legal and other measures, of historicallydisadvantaged individuals, communities and social groups who were dispossessed oftheir land and resources, deprived of their human dignity and who continue to endure theconsequences.

3 This Act endeavors to facilitate the transition to a democratic society, united in itsdiversity, marked by human relations that are caring and compassionate, and guided bythe principles of equality, fairness, equity, social progress, justice, human dignity IT THEREFO~ ENACTED by the Parliament of the REPUBLIC of SOUTH follows: TABLE OF CONTENTSCHAPTER 1 DEFINITIONS, OBJECTS, INTERPRETATION, GUIDING PRINCIPLES AND 5 APPLICATION OF Objects of Act3. Interpretation of II:,:1,,,,..,..i.,GOVERNM~ GUEm, 9 FEBRUARY 2mNo. 20876 3 PROMO~ON OF EQUAL~ AND P=VEN~ON OFAct No. 4,2000 UNFAIR DISCWINATtON ACT, 2~4. Guiding of ActCHAPTER 2 PREVENTION, PROHIBITION AND EL~INATION OF UNFAIRDISCR~INATION, HATE SPEECH AND HARASSMENTP revention and general prohibition of unfair discriminationProhibition of unfair discrimination on ground of raceProhibition of unfair discrimination on ground of genderProhibition of unfair discrimination on ground of disabilityProhibition of hate speechProhibition of harassmentProhibition of dissemination and publication of unfair discriminatory informa-tion that unfairly discriminatesCHAPTER OF PROOF AND DETERMINATION OF FAIRNESS ORUNFAIRNESSB urden of proofDetermination of fairness or unfairnessHate speech and harassment not subject to determination of fairnessCHAPTER 4 EQUALITY COURTSE quality courts and presiding officersClerks of equality courtsWitnessesRules and court proceedingsInstitution of proceedings in terms

4 Of or under ActPoivers and functions of equality courtAssessorsAppeals and reviewsCHAPTER 5 PRON1 OTION OF EQUALITYG eneral responsibility to promote equalityDUU of State to promote equalityResponsibility of persons operating in public domain to promote equalitySoci~l commitment by all persons to promote equalitySpecial measures to promote equality with regard to race. gender and disabilityIllustrative list of unfair practices in certain sectorsCHAPTER 6 GENTR\L PROVISIONS AND IMPLEMENTATION OF ACTRe~ul~tionsImplementation of ActCHAPTER 7RE\-~\V OF ACT, SHORT TITLE AND COMMENCEMENTE stlbiishment of Equality Review CommitteePO,ICrS. functions and term of office of Equality Review ,? ..4. ,.,;. -.:: ..No. 20876 GOWWtiG~ 9+RUARY 2000 Act No. 4,2000 PROMO~ON OF EQUALI~ ~ P~VE~ON OFUNFAIR DISCR~~A~ON Am, 2~ principle on HIV/AIDS.

5 Nationality, socio-economic status andfamily responsibility and status35. Short title and commencementCHAPTER 1 DEFINITIONS, OBJECTS, INTERPRETATION, GUIDING PRINCIPLES AND 5 APPLICATION OF ACTD efinitions1. (l) In this Act, unless the context indicates otherwise (i) age. includes the conditions of disadvantage and vulnerability sufiered bypersons on the basis of their age, especially advanced age;10(ii) clerk of the equality court means a clerk of an equality court appointed ordesignated in terms of section 17, read with section 31, and includes anyreference to a clerk ;(iii). Commission for Gender Equality means the Commission for GenderEquality referred to in section 187 of the Constitution;15(iv) complainant means any person who alleges any contravention of this Actand w-ho institutes proceedings in terms of the Act;(v) Constitution means the Constitution of the REPUBLIC of SOUTH AFRICA .

6 1996(Act No. 108 of 1996);(vi) constitutional institution means any of the relevant institutions supporting 20constitutional democracy referred to in Chapter 9 of the Constitution andincludes the Pan SOUTH African Language Board;(vii) Department means the Department of Justice and Constitutional Develop-ment;(viii) discrimination means any act or omission, including a policy, law. rule. 25practice, condition or situation which directly or indirectly (a) imposes burdens, obligations or disadvantage on; or(b) withholds benefits, opportunities or advantages from,any person on one or more of the prohibited grounds;(ix). equality includes the full and equal enjoyment of rights and freedoms as 30contemplated in the Constitution and includes de j~tre and de facto equalityand also equality in terms of outcomes;(x) equality court.

7 Means a court contemplated in section 16, read with section31, and includes any reference to court :(xi) family responsibility means responsibility in relation to a complainant s 35spouse, partner, dependent, child or other members of his or her family inrespect of whom the member is liable for care and support:(xii) family status includes membership in a family and the social, cultural andlegal rights and expectations associated with such status;(xiii) harassment means unwanted conduct which is persistent or serious and 40demeans, humiliates or creates a hostile or intimidating environment or iscalculated to induce submission by actual or threatened adverse consequencesand which is related t~(u) sex. gender or sexual orientation; or(b) a person s membership or presumed membership of a group identified by 45one or more of the prohibited grounds or a characteristic associated withsuch group:(xiv).

8 HIV/AIDS status. includes actual or perceived presence in a person s bodyof the Human Immunodeficiency Virus (HIV) or symptoms of AcquiredImmune Deficiency Syndrome (AIDS), as well as adverse assumptions based 50on this status;(xv) marital status. includes the status or condition of being single. married,divorced. widowed or in a relationship, whether with a person of the same orthe opposite sex, involving a commitment to reciprocal support in arelationship:55\. GOWRNME~ G-~, 9 =BRUARY 2000No. 20876 5 PROMO~ON OF EQUALI~ AND P~VE~ON OFAct No. 4,2000 UNFAIR DISC~tNA~ON Am, 2000~ , , I(xxvii)(xxviii)(xxix)(xvi)(xvii)(xviii) (xix)(xx)(xxi)(xxii)(xxiii)(xxiv)(xxv)(x xvi) Minister means the Minister for Justice and Constitutional Development; nationality means ethnic or national origin and includes practicesassociated with xenophobia and other adverse assumptions of a discrimin-atory nature but does not incIude rights and obligations normally associatedwith citizenship; person includes a juristic person, a non-juristic entity, a group or a categoryof persons; pregnancy includes any condition related to pregnancy, intended preg-nancy, potential pregnancy or termination of pregnancy.

9 Prescribed means prescribed by regulation in terms of this Act; presiding officer means a presiding officer of an equality court contem-plated in section 16, read with section 31; prohibited grounds. are (a) race, gender, sex, pregnancy, marital status. ethnic or social origin,colour, sexual orientation, age, disability, religion, conscience. belief,culture. language and birth; or(b) any other ground where discrimination based on that other ground (i) causes or perpetuates systemic disadvantage:(ii) undermines human dignity; or(iii) adversely affects the equal enjoyment of a person s rights andfreedoms in a serious manner that is comparable to discriminationon a ground in paragraph (u);. regulation means a regulation in terms of this Act; respondent means any person against whom proceedings are instituted interms of this Act; sector means any sector referred to in section 29, and includes the sectorsset out in the Schedule: socio-economic status.

10 Includes a social or economic condition or perceivedcondition of a person who is disadvantaged by poverty, low employmentstatus or lack of or low-level educational qualifications; SOUTH African Human Rights Commission means the SOUTH AfricanHuman Rights Commission referred to in section 184 of the Constitution;..the State includes (a) any department of State or administration in the national. provincial ~>rlocal sphere of government;(b) any other function~ or institution (i) exercising a power or performing a function in terms of theConstitution or a provincial constitution; or(ii) exercising a public power or performing a public function in termsof any legislation or under customary law or tradition;. this Act . includes any regulation made in terms of this ~o25303540 Objects of Act2.