LEGAL MATTERS BY CHARNDRÉ EMMA KIPPIE
South Africa Observes New
DISCRIMINATION LAWS A REVIEW OF DRAFT AMENDMENTS TO THE PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION ACT
E
arlier this month, the nation caught wind of the latest draft amendments to the Promotion of Equality and Prevention of Unfair Discrimination Act. These new amendments are geared towards offering better protection to members of society who oppose and contest unjust discrimination, and those individuals who have been and are victims of hate crimes.
amendments will strengthen its ability to prevent discrimination and promote equality for all South Africans, as enshrined in Section 9 of the Constitution of the Republic of South Africa of 1996.” The Acting Minister said the Bill will be gazetted and made available through the Department of Justice and Constitutional Development’s website at justice.gov.za.
Acting Minister in the Presidency, Khumbudzo Ntshavheni had announced that Cabinet approved the publication for public comment of the Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill of 2021, on Friday 26 February.
Unjust discrimination needs to be recognised as ‘aggravated’ offense
“The proposed amendments
seek to address the weaknesses that are in the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The proposed
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Intention to discriminate not required The Bill, which aims to amend Section 6 of the Act, has been published for public review and
comment by the Department of Justice and Constitutional Development, and is expected to make significant alterations to the existing Act. The driving objective
behind the Act is to ascertain and amplify the constitutional right to equality in an effort to eradicate unfair (whether direct or indirect) discrimination by the state, or anyone else for that matter. The proposed Bill aims to to revise the underpinning definition of the term ‘discrimination’ in order to stipulate and reiterate that it is not a necessity for an individual to ‘act with intention’ before they being found guilty of unjust discriminatory practices and behaviour. Employers become liable for their workers’ behaviour A major addition to the Act is the introduction of a law or policy that will render employers liable for any unfair discrimination that is perpetrated by individuals
legally employed at their business establishment. This recommendation does, however, indicate that employers will not be liable or prosecuted should
