FUR2601
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Question 1
Scenario 1
1. Applicable law(s)
This scenario concerns gender-based stereotyping and derogatory language used
toward a woman in both professional and social contexts. The relevant laws include:
The Constitution of the Republic of South Africa, 1996, particularly section 9
(Equality clause) which prohibits unfair discrimination based on gender, sex, or
marital status.
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of
2000 (“PEPUDA”), which seeks to give effect to section 9 by prohibiting direct
and indirect discrimination, including hate speech and harassment.
If the discrimination occurs in an employment context, the Employment Equity
Act 55 of 1998 (“EEA”) would also apply, as it prohibits unfair discrimination in
the workplace based on gender and related grounds.
2. Standing (locus standi)
The aggrieved woman has standing because she is directly affected by the
discriminatory conduct and can approach the court in her own interest under section
38(a) of the Constitution.
3. Jurisdiction
Equality Court has jurisdiction under PEPUDA for non-criminal unfair
discrimination matters.
If this occurs in a workplace, the Commission for Conciliation, Mediation and
Arbitration (CCMA) or the Labour Court would have jurisdiction under the EEA.
4. Appropriate remedies
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Question 1
Scenario 1
1. Applicable law(s)
This scenario concerns gender-based stereotyping and derogatory language used
toward a woman in both professional and social contexts. The relevant laws include:
The Constitution of the Republic of South Africa, 1996, particularly section 9
(Equality clause) which prohibits unfair discrimination based on gender, sex, or
marital status.
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of
2000 (“PEPUDA”), which seeks to give effect to section 9 by prohibiting direct
and indirect discrimination, including hate speech and harassment.
If the discrimination occurs in an employment context, the Employment Equity
Act 55 of 1998 (“EEA”) would also apply, as it prohibits unfair discrimination in
the workplace based on gender and related grounds.
2. Standing (locus standi)
The aggrieved woman has standing because she is directly affected by the
discriminatory conduct and can approach the court in her own interest under section
38(a) of the Constitution.
3. Jurisdiction
Equality Court has jurisdiction under PEPUDA for non-criminal unfair
discrimination matters.
If this occurs in a workplace, the Commission for Conciliation, Mediation and
Arbitration (CCMA) or the Labour Court would have jurisdiction under the EEA.
4. Appropriate remedies
