Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 2 : Bill of Rights9. Equality |
| (1) | Everyone is equal before the law and has the right to equal protection and benefit of the law. |
| (2) | Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken. |
| (3) | The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. |
| (4) | No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination. |
| (5) | Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. |