FUR2601 Assignment 2 Semester 2 2025

FUR2601
Assignment 2
Due 2025

, Fundamental Rights

Question 1

Scenario 1

Nature of conduct:
The remarks directed at the woman are based on gender stereotypes. Such behaviour
amounts to unfair discrimination on the ground of gender, which is prohibited by
section 9(3) of the Constitution and by the Promotion of Equality and Prevention
of Unfair Discrimination Act 4 of 2000 (PEPUDA). The conduct undermines dignity,
perpetuates inequality, and can also be classified as harassment under section 11 of
PEPUDA.

1. Applicable laws:

 Constitution of the Republic of South Africa, 1996 → section 9 (equality) and
section 10 (dignity).
 PEPUDA → section 6 (unfair discrimination) and section 11 (harassment).
 Employment Equity Act 55 of 1998 (EEA) → if the conduct occurred in a
workplace, section 6(1) prohibits unfair discrimination at work.

2. Standing:
The woman who was discriminated against has the right to approach the courts (locus
standi) in terms of:

 Section 38 of the Constitution
 Section 20 of PEPUDA
 The EEA (if workplace-related).

3. Jurisdiction:

 Equality Court (claims under PEPUDA)