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The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment .
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 ...
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.
Minister of Finance and Another v Van Heerden is a landmark decision of the Constitutional Court of South Africa on the constitutionality of affirmative action.Delivered in July 2004, it marked the court's first application of the affirmative action clause in section 9(2) of the Bill of Rights.
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law , and bind all branches of the government, including the national executive, Parliament ...
The South African government has been criticised by Human Rights Watch for deporting hundreds of thousands of Zimbabwean refugees and treating victims of political violence as economic migrants. By sending refugees back to persecution, Human Rights Watch has asserted that South Africa is violating the refugee convention and international law. [25]
The Prevention and Combating of Hate Crimes and Hate Speech Act of 2023 (Act 16 of 2023) is a South African statute law aimed at reducing offensive speech and curbing hate crimes in South Africa. [1] The Bill was introduced in 2016 and sat before the South African National Assembly until it was passed in 2023 and signed into law in 2024. [2]
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]