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Act No. 4, 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

(e)

to provide for measures to educate the public and raise public awareness on the importance of promoting equality and overcoming unfair discrimination, hate speech and harassment;

(f)

to provide remedies for victims of unfair discrimination, hate speech and harassment and persons whose right to equality has been infringed;

(g)

to set out measures to advance persons disadvantaged by unfair discrimination;

(h)

to facilitate further compliance with international law obligations including treaty obligations in terms of, amongst others, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.

Interpretation of Act

3. (1) Any person applying this Act must interpret its provisions to give effect to—

(a)

the Constitution, the provisions of which include the promotion of equality through legislative and other measures designed to protect or advance persons disadvantaged by past and present unfair discrimination;

(b)

the Preamble, the objects and guiding principles of this Act, thereby fulfilling the spirit, purport and objects of this Act.

(2) Any person interpreting this Act may be mindful of—

(a)

any relevant law or code of practice in terms of a law;

(b)

international law, particularly the international agreements referred to in section 2 and customary international law;

(c)

comparable foreign law.

(3) Any person applying or interpreting this Act must take into account the context of the dispute and the purpose of this Act.

Guiding principles

4. (1) In the adjudication of any proceedings which are instituted in terms of or under this Act. the following principles should apply:

(a)

The expeditious and informal processing of cases, which facilitate participation by the parties to the proceedings:

(b)

access to justice to all persons in relevant judicial and other dispute resolution forums;

(c)

the use of rules of procedure in terms of section 19 and criteria to facilitate participation;

(d)

the use of corrective or restorative measures in conjunction with measures of a deterrent nature;

(e)

the development of special stills and capacity for persons applying this Act in order to ensure effective implementation and administration thereof.

(2) In the application of this Act the following should be recognised and taken into account:

(a)

The existence of systemic discrimination and inequalities, particularly in respect of race. gender and disability in all spheres of life as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system and patriarchy: and

(b)

the need to take measures at all levels to eliminate such discrimination and inequalities.

Application of Act

5. (1) This Act binds the State and all persons.

(2) If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law, other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act must prevail.

(3) This Act does not apply to any person to whom and to the extent to which the Employment Equity Act, 1998 (Act No. 55 of 1998), applies.