Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) gives effect to the constitutional prohibition on unfair discrimination. Enacted in 2000, it prohibits unfair discrimination on various grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
Legal area: Law relating to the protection and enforcement of fundamental human rights and equality.
Year enacted: 2000
Full text: https://www.gov.za/documents/south-africa-pepuda
Key Provisions
- Section 6: Prohibition on unfair discrimination by public and private bodies
- Section 7: Factors to determine whether discrimination is unfair
- Section 8: Prohibition on hate speech including advocacy of hatred
- Section 14: Duties of the South African Human Rights Commission
- Section 19: Civil remedies for unfair discrimination
- Section 21: Establishment of Equality Courts
Significance
PEPUDA is a key statute in South Africa’s human rights framework. It provides for enforcement of the equality provisions in the Bill of Rights through Equality Courts and the South African Human Rights Commission. The Act has been applied in landmark cases regarding hate speech, workplace discrimination, and access to services.