The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 : how to balance religious freedom and other human rights in the higher education sphere

Abstract

The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) was inter alia promulgated to create a caring South African society. To achieve this goal, the Equality Act prohibits unfair discrimination, hate speech and harassment on a number of prohibited grounds, including religion, conscience, belief and culture. The Bill of Rights in the 1996 Constitution also prohibits unfair discrimination on these and other grounds. In addition, the Bill of Rights also contains rights such as the right to freedom of association and the right to freedom of expression. All laws, including the Equality Act, must be interpreted in accordance with the spirit, purport and objectives of the Bill of Rights. This article identifies possible challenges in applying the Equality Act where the alleged perpetrator attempts to justify the discrimination based on his/her religious beliefs, freedom of expression and/or freedom of association.