Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)Chapter 3 : Burden of Proof and Determination of Fairness or Unfairness13. Burden of proof |
| (1) | If the complainant makes out a prima facie case of discrimination— |
| (a) | the respondent must prove, on the facts before the court, that the discrimination did not take place as alleged; or |
| (b) | the respondent must prove that the conduct is not based on one or more of the prohibited grounds. |
| (2) | If the discrimination did take place— |
| (a) | on a ground in paragraph (a) of the definition of "prohibited grounds", then it is unfair, unless the respondent proves that the discrimination is fair; |
| (b) | on a ground in paragraph (b) of the definition of "prohibited grounds", then it is unfair— |
| (i) | if one or more of the conditions set out in paragraph (b) of the definition of "prohibited grounds" is established; and |
| (ii) | unless the respondent proves that the discrimination is fair. |