South Africa

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Promotion of Equality and Prevention of Unfair Discrimination Act (South Africa)

Overview

The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) is a South African law designed to protect people from unfair discrimination, hate speech, and harassment. It promotes equality and ensures everyone is treated fairly, regardless of race, gender, disability, religion, or other personal characteristics. The law affects Section 9 of the South African Constitution, which guarantees equality for all citizens.

Key Provisions in Simple Terms

1. Prohibits Unfair Discrimination

  • The law bans treating people unfairly based on race, gender, pregnancy, age, disability, sexual orientation, religion, or other protected grounds.
  • Examples include denying someone a job, education, or services because of their background or identity.

2. Ban Hate Speech

  • It makes it illegal to use words or actions that promote hatred or harm against a person or group based on protected characteristics (e.g., racist or sexist insults).

3. Prevents Harassment

  • Harassment—such as bullying, intimidation, or creating a hostile environment—based on gender, race, or other protected traits is prohibited.

4. Establishes Equality Courts

  • Special courts (Equality Courts) handle complaints about discrimination, hate speech, or harassment.
  • Anyone can file a complaint without a lawyer, and there are no court fees.

5. Requires Fair Treatment in Key Areas

  • The law applies to workplaces, schools, healthcare, housing, and public services to ensure equal opportunities.

Important Dates

  • Enacted in 2000, the law has been in effect for over two decades.
  • There are no specific compliance deadlines. Unlike some laws, PEPUDA is always in force, meaning individuals and organisations must always follow it.

Based on Official Documents

This explanation summarises the Promotion of Equality and Prevention of Unfair Discrimination Act based on the official government sources. For full details, refer to the original document here: https://www.gov.za/documents/promotion-equality-and-prevention-unfair-discrimination-act.