Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) Chapter 1 : Definitions, Objects, Interpretation, Guiding Principles and Application of Act 1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"age"

includes the conditions of disadvantage and vulnerability suffered by persons on the basis of their age, especially advanced age;

 

"clerk of the equality court"

means a clerk of an equality court appointed or designated in terms of section 17, read with section 31, and includes any reference to "a clerk";

 

"Commission for Gender Equality"

means the Commission for Gender Equality referred to in section 187 of the Constitution;

 

"complainant"

means any person who alleges any contravention of this Act and who institutes proceedings in terms of the Act;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"constitutional institution"

means any of the relevant institutions supporting constitutional democracy referred to in Chapter 9 of the Constitution and includes the Pan South African Language Board;

 

"Department"

means the Department of Justice and Constitutional Development;

 

"discrimination"

means any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly—

any person on one or more of the prohibited grounds;

 

"equality"

includes the full and equal enjoyment of rights and freedoms as contemplated in the Constitution and includes de jure and de facto equality and also equality in terms of outcomes;

 

"equality court"

means a court contemplated in section 16, read with section 31, and includes any reference to "court";

 

"family responsibility"

means responsibility in relation to a complainant's spouse, partner, dependent, child or other members of his or her family in respect of whom the member is liable for care and support;

 

"family status"

includes membership in a family and the social, cultural and legal rights and expectations associated with such status;

 

"harassment"

means unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to—

 

"HIV/AIDS status"

includes actual or perceived presence in a person’s body of the Human Immunodeficiency Virus (HIV) or symptoms of Acquired Immune Deficiency Syndrome (AIDS), as well as adverse assumptions based on this status;

 

"intersex"

means a congenital sexual differentiation which is atypical, to whatever degree;

 

"marital status"

includes the status or condition of being single, married, divorced, widowed or in a relationship, whether with a person of the same or the opposite sex, involving a commitment to reciprocal support in a relationship;

 

"Minister"

means the Minister for Justice and Constitutional Development;

 

"nationality"

means ethnic or national origin and includes practices associated with xenophobia and other adverse assumptions of a discriminatory nature but does not include rights and obligations normally associated with citizenship;

 

"person"

includes a juristic person, a non-juristic entity, a group or a category of persons;

 

"pregnancy"

includes any condition related to pregnancy, intended pregnancy, potential pregnancy or termination of pregnancy;

 

"prescribed"

means prescribed by regulation in terms of this Act;

 

"presiding officer"

means a presiding officer of an equality court contemplated in section 16, read with section 31;

 

"prohibited grounds"

are—

[Paragraph (a) substituted by section 30 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]

 

"regulation"

means a regulation in terms of this Act;

 

"respondent"

means any person against whom proceedings are instituted in terms of this Act;

 

"sector"

means any sector referred to in section 29, and includes the sectors set out in the Schedule;

 

"sex"

includes intersex;

 

"socio-economic status"

includes a social or economic condition or perceived condition of a person who is disadvantaged by poverty, low employment status or lack of or low-level educational qualifications;

 

"South African Human Rights Commission"

means the South African Human Rights Commission referred to in section 184 of the Constitution;

 

"the State"

includes—

 

"this Act"

includes any regulation made in terms of this Act.