Page:Promotion of Equality and Prevention of Unfair Discrimination Act 2000.pdf/5

---

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

Act No. 4, 2000

(xvi)

“Minister” means the Minister for Justice and Constitutional Development;

(xvii)

“nationality” means ethnic or national origin and includes practices associated with xenophobia and other adverse assumptions of a discriminatory nature but does not include rights and obligations normally associated with citizenship;

(xviii)

“person” includes a juristic person, a non-juristic entity, a group or a category of persons;

(xix)

“pregnancy” includes any condition related to pregnancy, intended pregnancy, potential pregnancy or termination of pregnancy;

(xx)

“prescribed” means prescribed by regulation in terms of this Act;

(xxi)

“presiding officer” means a presiding officer of an equality court contemplated in section 16, read with section 31;

(xxii)

“prohibited grounds” are—

(a)

race, gender, sex, pregnancy, marital status. ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture. language and birth; or

(b)

any other ground where discrimination based on that other ground—

(i)

causes or perpetuates systemic disadvantage;

(ii)

undermines human dignity; or

(iii)

adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground in paragraph (a);

(xxiii)

“regulation” means a regulation in terms of this Act;

(xxiv)

“respondent” means any person against whom proceedings are instituted in terms of this Act;

(xxv)

“sector” means any sector referred to in section 29, and includes the sectors set out in the Schedule:

(xxvi)

“socio-economic status” includes a social or economic condition or perceived condition of a person who is disadvantaged by poverty, low employment status or lack of or low-level educational qualifications;

(xxvii)

“South African Human Rights Commission” means the South African Human Rights Commission referred to in section 184 of the Constitution;

(xxviii)

“the State” includes—

(a)

any department of State or administration in the national, provincial or local sphere of government;

(b)

any other functionary or institution—

(i)

exercising a power or performing a function in terms of the Constitution or a provincial constitution; or

(ii)

exercising a public power or performing a public function in terms of any legislation or under customary law or tradition;

(xxix)

“this Act” includes any regulation made in terms of this Act.

Objects of Act

2. The objects of this Act are—

(a)

to enact legislation required by section 9 of the Constitution;

(b)

to give effect to the letter and spirit of the Constitution. in particular—

(i)

the equal enjoyment of all rights and freedoms by every person;

(ii)

the promotion of equality;

(iii)

the values of non-racialism and non-sexism contained in section 1 of the Constitution;

(iv)

the prevention of unfair discrimination and protection of human dignity as contemplated in sections 9 and 10 of the Constitution;

(v)

the prohibition of advocacy of hatred. based on race, ethnicity, gender or religion, that constitutes incitement to cause harm as contemplated in section 16(2)(c) of the Constitution and section 12 of this Act;

(c)

to provide for measures to facilitate the eradication of unfair discrimination, hate speech and harassment, particularly on the grounds of race, gender and disability;

(d)

to provide for procedures for the determination of circumstances under which discrimination is unfair;