The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 : proposals for legislative reform

Abstract

This article considers the limits of the law in addressing discrimination. It discusses to what extent the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 will achieve its stated goals of facilitating socio-economic transformation, facilitating the creation of a more caring society, and establishing accessible enforcement mechanisms. It then identifies a number of provisions in the Equality Act that could have been drafted more carefully in service to these goals. It, inter alia, suggests that the definition of 'discrimination' in the Act be added to; that the list of prohibited grounds in the Act be extended; that systemic discrimination be addressed much more explicitly; and that s 14 be refined.