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Equality Court
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The act specifically lists race, gender, sex, pregnancy, family responsibility or status, marital status, ethnic or social origin, HIV/AIDS status, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth as "prohibited grounds" for discrimination, but also contains criteria that courts may apply to determine which other characteristics are prohibited grounds. Employment discrimination is excluded from the ambit of the act because it is addressed by the Employment Equity Act, 1998. The act establishes the divisions of the High Court and designated Magistrates' Courts as "Equality Courts" to hear complaints of discrimin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 general election. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1997, the Constitution has been amended by eighteen amendments. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of ParliamentAct No. 108 of 1996but, since the passage of the Citation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Legislation
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', ), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). South is sometimes abbreviated as S. Navigation By convention, the ''bottom or down-f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-discrimination Law In South Africa
Discrimination is the process of making unfair or prejudicial Distinction (sociology), distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as Racial discrimination, race, Sexism, gender, Ageism, age, Class discrimination, class, Religious discrimination, religion, or Sexual orientation discrimination, sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qwelane V South African Human Rights Commission
''Qwelane v South African Human Rights Commission and Another'' is a 2021 decision of the Constitutional Court of South Africa on the constitutionality of a statutory prohibition on hate speech. The court found that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 was unconstitutional insofar as it included the vague term "hurtful" as part of the definition of prohibited hate speech. The matter was heard on 22 December 2020 and decided on 30 July 2021 in a unanimous decision written by Justice Steven Majiedt. It arose from an application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal in 2019 on appeal from the High Court and Equality Court, where the South African Human Rights Commission had charged journalist Jon Qwelane with hate speech after he published a homophobic newspaper column. Though it struck down part of section 10(1) of the Equality Act, the Constitutional Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In the last fifty years, administrative law, in many countries of the civil law tradition, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Promotion Of Administrative Justice Act
The Promotion of Administrative Justice Act (PAJA) is an important piece of South African legislation, and the cornerstone of administrative law in South Africa. Administrative action The South African Law Commission’s draft Administrative Justice Bill described the concept of "administrative action" widely: any action or decision performed by an organ of state or any exercise of public power other than executive, legislative or judicial action. The definition of administrative action ultimately enacted in PAJA was "considerably more complicated and qualified." Section 1 of the PAJA defines administrative action as "any decision taken, or any failure to take a decision, by * "an organ of state, when ** "exercising a power in terms of the Constitution or a provincial Constitution; or ** "exercising a public power or performing a public function in terms of any Legislation; or * "a natural or juristic person, other than an organ of state, when exercising a public power or perf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Promotion Of Access To Information Act
The Promotion of Access to Information Act, 2000 (or PAIA; Act No. 2 of 2000) is a freedom of information law in South Africa. It gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights. The Act was previously enforced by the South African Human Rights Commission (SAHRC), but since 1 July 2021 has been enforced by the Information Regulator. Role of Information Officers In terms of PAIA, information officers have a critical role of ensuring the implementation of the Act, by: * Receiving and responding to PAIA requests * Compiling and submitting Section 14 manuals to the SAHRC * Compiling and submitting Section 15 notices to the Minister of Justice and Correctional Services * Compiling and submitting Section 32 reports to the SAHRC Compliance Every private body must publish a simple manual in line with Section 51 of the Act. The manual assists persons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Nine Of The Constitution Of South Africa
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination. Text Under the heading "Equality", the section states: Notable cases * '' President of the Republic of South Africa and Another v Hugo'' (1997) — a presidential decision to remit the sentences of imprisoned mothers with young children is not unfair discrimination against similarly-situated fathers. * '' Prinsloo v Van der Linde and Another'' (1997) — a law which imposes a different onus of proof in civil cases involving forest fires does not deny equal protection of the law or amount to unfair discrimination. * '' Larbi-Odam and Others v MEC for Education (North-West Province) a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature. It is located in Cape Town; the country's legislative capital city, capital. Under the present Constitution of South Africa, the bicameralism, bicameral Parliament comprises a National Assembly (South Africa), National Assembly and a National Council of Provinces. The current 28th South African Parliament, twenty-eighth Parliament was first convened on 14 June 2024. From 1910 to 1994, members of Parliament were elected chiefly by the South African Whites in South Africa, white minority. The first elections with universal suffrage were held in South African general election, 1994, 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A 2022 Parliament of South Africa fire, fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. It was decided that the National Assembly would temporarily m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
