Prevention, Prohibition and Elimination of Unfair Discrimination, Hate Speech And Harassment
CHAPTER 2
PREVENTION, PROHIBITION AND ELIMINATION OF UNFAIR DISCRIMINATION, HATE
SPEECH AND HARASSMENT
6. Prevention and general prohibition of unfair discrimination
Neither the State nor any person may unfairly discriminate against any person.
[Commencement of s 6: 1 September 2000 (Proc. 54, G. 21517).]
7. Prohibition of unfair discrimination on ground of race
Subject to section 6, no person may unfairly discriminate against any person on the ground of race, including—
(a) the dissemination of any propaganda or idea, which propounds the racial superiority or inferiority of any person, including incitement to, or participation in, any form of racial violence;
(b) the engagement in any activity which is intended to promote, or has the effect of promoting, exclusivity, based on race;
(c) the exclusion of persons of a particular race group under any rule or practice that appears to be legitimate but which is actually aimed at maintaining exclusive control by a particular race group;
(d) the provision or continued provision of inferior services to any racial group, compared to those of another racial group;
(e) the denial of access to opportunities, including access to services or contractual opportunities for rendering services for consideration, or failing to take steps to reasonably accommodate the needs of such persons.
[Commencement of s 7: 16 June 2003 (Proc. 49, G. 25065).]
8. Prohibition of unfair discrimination on ground of gender
Subject to section 6, no person may unfairly discriminate against any person on the ground of gender, including—
(a) gender-based violence;
(b) female genital mutilation;
(c) the system of preventing women from inheriting family property;
(d) any practice, including traditional, customary or religious practice, which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity and well-being of the girl child;
(e) any policy or conduct that unfairly limits access of women to land rights, finance, and other resources;
(f) discrimination on the ground of pregnancy;
(g) limiting women’s access to social services or benefits, such as health, education and social security;
(h) the denial of access to opportunities, including access to services or contractual opportunities for rendering services for consideration, or failing to take steps to reasonably accommodate the needs of such persons;
(i) systemic inequality of access to opportunities by women as a result of the sexual division of labour.
[Commencement of s 8: 16 June 2003 (Proc. 49, G. 25065).]
9. Prohibition of unfair discrimination on ground of disability
Subject to section 6 no person may unfairly discriminate against any person on the ground of disability, including—
(a) denying or removing from any person who has a disability, any supporting or enabling facility necessary for their functioning in society;
(b) contravening the code of practice or regulations of the South African Bureau of Standards that govern environmental accessibility;
(c) failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.
[Commencement of s 9: 16 June 2003 (Proc. 49, G. 25065).]
10. Prohibition of hate speech
(1) Subject to the proviso in section 12, no person may publish, propagate, advocate or communicate words based on one or more of the prohibited grounds, against any person, that could reasonably be construed to demonstrate a clear intention to—
(a) be hurtful;
(b) be harmful or to incite harm;
(c) promote or propagate hatred.
(2) Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21(2)(n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation.
[Commencement of s 10: 16 June 2003 (Proc. 49, G. 25065).]
11. Prohibition of harassment
No person may subject any person to harassment.
[Commencement of s 11: 16 June 2003 (Proc. 49, G. 25065).]
12. Prohibition of dissemination and publication of information that unfairly discriminates
No person may—
(a) disseminate or broadcast any information;
(b) publish or display any advertisement or notice,
that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Provided that bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest or publication of any information, advertisement or notice in accordance with section 16 of the Constitution, is not precluded by this section.
[Commencement of s 12: 16 June 2003 (Proc. 49, G. 25065).]