ASSESSMENT 2
FUR2601 (2025, SEMESTER 2)
, Question 1
Scenario 1
The description provided illustrates how women are often subjected to gender
stereotyping and derogatory labels in both professional and personal contexts. Such
conduct may constitute unfair discrimination on the basis of sex and gender.
1. Applicable law: The primary applicable law is the Constitution of the Republic
of South Africa, 1996, specifically section 9 (the equality clause), which
prohibits unfair discrimination by the state or any person. The Promotion of
Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)
also applies, as it explicitly prohibits unfair discrimination by private individuals or
institutions on grounds including gender and sex. The Employment Equity Act
55 of 1998 (EEA) may be relevant if these remarks occurred in the context of the
workplace, as the Act seeks to eliminate unfair discrimination in employment.
2. Locus standi: The aggrieved woman would clearly have standing under section
38 of the Constitution, which grants locus standi to anyone whose rights in the
Bill of Rights have been infringed or threatened. She could also bring a complaint
under PEPUDA or EEA.
3. Jurisdiction: Depending on the setting, the Equality Court (established under
PEPUDA) would have jurisdiction to adjudicate complaints about discrimination.
If the matter arose in employment, the Commission for Conciliation, Mediation
and Arbitration (CCMA) or the Labour Court could have jurisdiction under the
EEA. Ultimately, constitutional issues could be escalated to the Constitutional
Court.
4. Remedies: Appropriate remedies could include an order declaring that the
conduct constitutes unfair discrimination, an interdict to restrain further
discrimination, damages for harm to dignity, and potentially an order compelling
an employer to conduct gender-sensitivity training.
This scenario represents unfair discrimination, as the woman is disadvantaged and
demeaned based on gender stereotypes, which undermines her right to equality and
dignity under sections 9 and 10 of the Constitution.
FUR2601 (2025, SEMESTER 2)
, Question 1
Scenario 1
The description provided illustrates how women are often subjected to gender
stereotyping and derogatory labels in both professional and personal contexts. Such
conduct may constitute unfair discrimination on the basis of sex and gender.
1. Applicable law: The primary applicable law is the Constitution of the Republic
of South Africa, 1996, specifically section 9 (the equality clause), which
prohibits unfair discrimination by the state or any person. The Promotion of
Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA)
also applies, as it explicitly prohibits unfair discrimination by private individuals or
institutions on grounds including gender and sex. The Employment Equity Act
55 of 1998 (EEA) may be relevant if these remarks occurred in the context of the
workplace, as the Act seeks to eliminate unfair discrimination in employment.
2. Locus standi: The aggrieved woman would clearly have standing under section
38 of the Constitution, which grants locus standi to anyone whose rights in the
Bill of Rights have been infringed or threatened. She could also bring a complaint
under PEPUDA or EEA.
3. Jurisdiction: Depending on the setting, the Equality Court (established under
PEPUDA) would have jurisdiction to adjudicate complaints about discrimination.
If the matter arose in employment, the Commission for Conciliation, Mediation
and Arbitration (CCMA) or the Labour Court could have jurisdiction under the
EEA. Ultimately, constitutional issues could be escalated to the Constitutional
Court.
4. Remedies: Appropriate remedies could include an order declaring that the
conduct constitutes unfair discrimination, an interdict to restrain further
discrimination, damages for harm to dignity, and potentially an order compelling
an employer to conduct gender-sensitivity training.
This scenario represents unfair discrimination, as the woman is disadvantaged and
demeaned based on gender stereotypes, which undermines her right to equality and
dignity under sections 9 and 10 of the Constitution.
