FUR2601 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE September 2025

In respect of each of the four different scenarios below, you are required to consider whether they constitute fair discrimination; unfair discrimination; or another appropriate word/phrase or concept. Justify and explain your answer by addressing each of the four points below relating to each individual scenario: 1. Which of the following laws (if at all or more than one) is applicable in each scenario? (i) The Constitution of the Republic of South Africa, Act 200 of 1993; (ii) The Constitution of the Republic of South Africa, 1996; (iii) The Employment Equity Act 55 of 1998; (iv) The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000; 2. Does the aggrieved person(s) have standing (locus standi)? 3. Which court(s) has jurisdiction to adjudicate/decide the matter? 4. What remedies would be appropriate? Scenario 1: As a woman, there are a few words and phrases I hear about myself: “Aggressive”, for going after a promotion. “Controlling,” when I made household decisions. “Crazy,” by someone who didn’t like my attitude. “Difficult,” when I asked for more money when I had been contracted to perform a certain assignment. “Bitchy,” when I turned down another person’s idea. “Emotional” for raising my voice. “Hysterical” for getting angry, and a “stalker” for being persistent.1 Scenario 2: Caster Semenya is a person born with differences of sexual development (DSD). She is prohibited from competing in international sports activities with other women unless she takes medication to reduce her testosterone levels. Scenario 3: In recounting the Treason Trial during March 1960, Nelson Mandela referred to an incident where Justice Kennedy, a white man fluent in isiZulu responded with the words ‘Sinjalo thina maZulu’ (We Zulus are like that) in reference to one of Dr Wilson Conco’s medical achievements.2 Scenario 4: Michael was born male but has always identified as female. They began the process of gender reassignment about a year ago but has not told anyone about this. Recently she came to work dressed in a skirt, high heels, wearing make-up and a wig and informed everyone that they should be addressed as Michelle. Michelle was told to go home and change as she was embarrassing other staff members and clients. QUESTION 2 (8 marks) Discuss whether the statement below is true by relying on relevant authority, such as provisions of the law; reference to the prescribed study material;3 and case law. “Anyone seeking primary health care at any governmental medical facility in South Africa is required to produce their South African Identity Document. If the person does not possess a South Africa Identity Document, they are turned away from the facility, regardless of the circumstances”.