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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 ...
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.
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.
The court found that the rights violated were important ones, particularly in the South African context. The rights to equality and dignity were among the most valuable in any open and democratic State, and assumed special importance in South Africa, due to its history of inequality and hurtful discrimination on grounds such as race and gender. [9]
In response, Qwelane challenged the constitutionality of section 10(1) of the Equality Act, arguing that, read with other provisions of the act, it was impermissibly vague and imposed an unjustifiably broad limitation on the constitutional right to freedom of expression.
The court also found that the exclusion of permanent residents from the welfare system constituted unfair discrimination and therefore infringed upon the section 9 right to equality; in this assessment, it relied heavily on the approach of Hoffmann v South African Airways, according to which the unfairness of a discriminatory system must be ...
The Discriminatory Legislation regarding Public Amenities Repeal Act, 1990 (Act No. 100 of 1990) is an act of the Parliament of South Africa that repealed legislation permitting racial segregation in public facilities: principally the Reservation of Separate Amenities Act, 1953 and the Reservation of Separate Amenities Amendment Act, 1960, but also related sections of other acts as well as ...
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.