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Section 23(1) is an unusual provision—only South Africa and Malawi expressly protect the right to fair labour practices — as it is so broad and overarching. An exact definition of fair labour practices is impossible, since this is a dynamic field of the law, rooted in socioeconomic rights.
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 unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
South Africa's nine provinces each produce a number of statutes a year, in areas for which they have either concurrent, or exclusive, legislative competence under section 104 of the Constitution of the Republic of South Africa Act, 1996. (See Schedule 4 of the Constitution for a list of the functions areas in respect of which a province may ...
The Civil Union Act 17 of 2006 legalized same-sex marriage in South Africa. [34] It was a direct response to the Minister of Home Affairs v Fourie case, where the Constitutional Court declared the lack of legal recognition of same-sex relationships unconstitutional and gave Parliament a year to remedy the situation.
Hoffmann v South African Airways (2000) — a government-owned airline's policy of refusing to hire HIV-positive people as flight attendants violates the right to equality. Satchwell v President of the Republic of South Africa and Another (2002) — pension and retirement benefits provided to the spouses of judges must be equally provided to ...
Chapter 2 of the bill deals with the social changes the bill brings about, dealing with issues of education and training, access to healthcare, and public education on prohibited practices. Early Childhood Education supported by USAID in South Africa. The first part of this section deals with education and training.
Hoffmann nonetheless sued in the High Court of South Africa, alleging that SAA's refusal to employ him constituted unfair discrimination in violation of his constitutional rights. The Witwatersrand Local Division denied his application, finding that SAA's practice was "based on considerations of medical, safety and operational grounds" and ...