FUR2601
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Fundamental Rights
Question 1
Scenario 1
Nature of the conduct: The language and stereotyping described here are gender-
based discriminatory remarks directed at a woman for behaviour that would likely be
judged differently if exhibited by a man. The conduct is unfair discrimination on the
basis of gender, prohibited under section 9(3) of the Constitution and the Promotion of
Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“PEPUDA”). It
perpetuates systemic prejudice and undermines dignity, amounting to harassment in
terms of PEPUDA section 11.
1. Applicable law(s):
o The Constitution of the Republic of South Africa, 1996 (s 9: equality; s 10:
dignity)
o PEPUDA (s 6: prohibition of unfair discrimination; s 11: harassment)
o Employment Equity Act 55 of 1998 (EEA) if this occurs in an employment
context (prohibition of unfair discrimination at work in s 6(1)).
2. Standing: The aggrieved woman has locus standi under s 38 of the
Constitution, PEPUDA s 20, and, if in a workplace, EEA.
3. Jurisdiction:
o Equality Court (under PEPUDA)
o Labour Court (if workplace discrimination under EEA)
o High Court (for constitutional matters)
4. Remedies:
o Equality Court order for apology, damages, or interdict (PEPUDA s 21)
o Labour Court orders (EEA s 50) for compensation or affirmative action
measures
o Constitutional damages for violation of dignity.
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Fundamental Rights
Question 1
Scenario 1
Nature of the conduct: The language and stereotyping described here are gender-
based discriminatory remarks directed at a woman for behaviour that would likely be
judged differently if exhibited by a man. The conduct is unfair discrimination on the
basis of gender, prohibited under section 9(3) of the Constitution and the Promotion of
Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“PEPUDA”). It
perpetuates systemic prejudice and undermines dignity, amounting to harassment in
terms of PEPUDA section 11.
1. Applicable law(s):
o The Constitution of the Republic of South Africa, 1996 (s 9: equality; s 10:
dignity)
o PEPUDA (s 6: prohibition of unfair discrimination; s 11: harassment)
o Employment Equity Act 55 of 1998 (EEA) if this occurs in an employment
context (prohibition of unfair discrimination at work in s 6(1)).
2. Standing: The aggrieved woman has locus standi under s 38 of the
Constitution, PEPUDA s 20, and, if in a workplace, EEA.
3. Jurisdiction:
o Equality Court (under PEPUDA)
o Labour Court (if workplace discrimination under EEA)
o High Court (for constitutional matters)
4. Remedies:
o Equality Court order for apology, damages, or interdict (PEPUDA s 21)
o Labour Court orders (EEA s 50) for compensation or affirmative action
measures
o Constitutional damages for violation of dignity.
