Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: August 2025
QUESTION 1
SCENARIO 1
Applicable law:
This scenario involves sex-based discrimination through derogatory and gender-stereotyped
language in a work or contractual context. It may fall under:
The Constitution of the Republic of South Africa, 1996, specifically section 9 (equality
clause prohibiting unfair discrimination on grounds of gender).1
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
(PEPUDA), which prohibits unfair gender discrimination in public life.1
The Employment Equity Act 55 of 1998 (EEA) if the setting is workplace-related.1
Standing
The aggrieved woman has locus standi as a direct victim of discrimination in terms of section
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QUESTION 1
SCENARIO 1
Applicable law:
This scenario involves sex-based discrimination through derogatory and gender-
stereotyped language in a work or contractual context. It may fall under:
The Constitution of the Republic of South Africa, 1996, specifically section 9
(equality clause prohibiting unfair discrimination on grounds of gender).1
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of
2000 (PEPUDA), which prohibits unfair gender discrimination in public life.2
The Employment Equity Act 55 of 1998 (EEA) if the setting is workplace-
related.3
Standing
The aggrieved woman has locus standi as a direct victim of discrimination in terms of
section 38 of the Constitution4 and the relevant statutory provisions in PEPUDA and
the EEA.
Jurisdiction
The Equality Court (for PEPUDA claims)5.
The Labour Court (if the incident arose in an employment relationship).6
The High Court (for constitutional enforcement of the right to equality).7
Remedies:
1
Constitution of the Republic of South Africa, 1996, s 9.
2
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) s 6.
3
Employment Equity Act 55 of 1998 s 6.
4
Constitution of the Republic of South Africa, 1996, s 38.
5
PEPUDA, ch 4.
6
Labour Relations Act 66 of 1995, s 157.
7
Constitution of the Republic of South Africa, 1996, s 169.