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FUR2601 Assignment 1 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

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Achieve a distinction with this comprehensive and well-organized set of FUR2601 Assignment 1 (ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED. Ensure accuracy and excellence in your submission!!!! 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”.

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FUR2601
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.

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