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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000

Long title


To give effect to section 9 read with item 23(1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE
TABLE OF CONTENTS
CHAPTER 1. DEFINITIONS, OBJECTS, INTERPRETATION, GUIDING PRINCIPLES AND APPLICATION OF ACT
1. Definitions
2. Objects of Act
3. Interpretation of Act
4. Guiding principles
5. Application of Act
CHAPTER 2. PREVENTION, PROHIBITION AND ELIMINATION OF UNFAIR DISCRIMINATION, HATE SPEECH AND HARASSMENT
6. Prevention and general prohibition of unfair discrimination
7. Prohibition of unfair discrimination on ground of race
8. Prohibition of unfair discrimination on ground of gender
9. Prohibition of unfair discrimination on ground of disability
10. Prohibition of hate speech
11. Prohibition of harassment
12. Prohibition of dissemination and publication of information that unfairly discriminates
CHAPTER 3. BURDEN OF PROOF AND DETERMINATION OF FAIRNESS OR UNFAIRNESS
13. Burden of proof
14. Determination of fairness or unfairness
15. Hate speech and harassment not subject to determination of fairness
CHAPTER 4. EQUALITY COURTS
16. Equality courts and presiding officers
17. Clerks of equality courts
18. Witnesses
19. Rules and court proceedings
20. Institution of proceedings in terms of or under Act
21. Powers and functions of equality court
22. Assessors
23. Appeals and reviews
CHAPTER 5. PROMOTION OF EQUALITY
24. General responsibility to promote equality
25. Duty of State to promote equality
26. Responsibility of persons operating in public domain to promote equality
27. Social commitment by all persons to promote equality
28. Special measures to promote equality with regard to race, gender and disability
29. Illustrative list of unfair practices in certain sectors
CHAPTER 6. GENERAL PROVISIONS AND IMPLEMENTATION OF ACT
30. Regulations
31. Implementation of Act
CHAPTER 7. REVIEW OF ACT, SHORT TITLE AND COMMENCEMENT
32. Establishment of Equality Review Committee
33. Powers, functions and term of office of Equality Review Committee
34. Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status
35. Short title and commencement
Sch.  SCHEDULE. ILLUSTRATIVE LIST OF UNFAIR PRACTICES IN CERTAIN SECTORS (SECTION 29)
.

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