, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1
A) 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:
Scenario 1: Discriminatory Comments About Women
1. Applicable Laws:
The key laws to consider are:
The Constitution of the Republic of South Africa, 1996: Section 9(3) prohibits unfair
discrimination based on gender, including stereotypes or prejudice against women, which
might be relevant here1 .
The Employment Equity Act 55 of 1998: This act specifically prohibits discrimination in the
workplace based on gender, and employers are obliged to ensure fair treatment of all
employees2 .
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: This law
aims to combat both direct and indirect discrimination in various spheres, including the
workplace. It is especially pertinent in cases where discrimination is based on gender
stereotypes, such as labeling women as "bitchy" or "emotional"3 .
2. Standing (Locus Standi):
The aggrieved person in this case has standing. Gender-based discrimination, as described by the
phrases used against the woman (e.g., "aggressive," "controlling," "hysterical"), violates her dignity
and rights. Since the victim is directly affected by the discrimination, she would have the legal
standing to lodge a complaint in the appropriate forum4 .
3. Jurisdiction:
The Equality Court would be the most appropriate forum for addressing issues under the
Promotion of Equality and Prevention of Unfair Discrimination Act5 .
If it pertains to an employment issue, the Labour Court or the Labour Appeal Court may also
have jurisdiction, depending on the circumstances6.
In broader constitutional terms, the Constitutional Court could become relevant if the case
raises constitutional issues regarding equality and dignity7 .
1: (Currie & De Waal, 2014, p. 32)
2: (Currie & De Waal, 2014, p. 125)
3: (Currie & De Waal, 2014, p. 170)
4: (FUR2601, Study Guide, p. 24)
5: (Currie & De Waal, 2014, p. 173)
6: (FUR2601, Study Guide, p. 31)
7: (Currie & De Waal, 2014, p. 199)
QUESTION 1
A) 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:
Scenario 1: Discriminatory Comments About Women
1. Applicable Laws:
The key laws to consider are:
The Constitution of the Republic of South Africa, 1996: Section 9(3) prohibits unfair
discrimination based on gender, including stereotypes or prejudice against women, which
might be relevant here1 .
The Employment Equity Act 55 of 1998: This act specifically prohibits discrimination in the
workplace based on gender, and employers are obliged to ensure fair treatment of all
employees2 .
The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000: This law
aims to combat both direct and indirect discrimination in various spheres, including the
workplace. It is especially pertinent in cases where discrimination is based on gender
stereotypes, such as labeling women as "bitchy" or "emotional"3 .
2. Standing (Locus Standi):
The aggrieved person in this case has standing. Gender-based discrimination, as described by the
phrases used against the woman (e.g., "aggressive," "controlling," "hysterical"), violates her dignity
and rights. Since the victim is directly affected by the discrimination, she would have the legal
standing to lodge a complaint in the appropriate forum4 .
3. Jurisdiction:
The Equality Court would be the most appropriate forum for addressing issues under the
Promotion of Equality and Prevention of Unfair Discrimination Act5 .
If it pertains to an employment issue, the Labour Court or the Labour Appeal Court may also
have jurisdiction, depending on the circumstances6.
In broader constitutional terms, the Constitutional Court could become relevant if the case
raises constitutional issues regarding equality and dignity7 .
1: (Currie & De Waal, 2014, p. 32)
2: (Currie & De Waal, 2014, p. 125)
3: (Currie & De Waal, 2014, p. 170)
4: (FUR2601, Study Guide, p. 24)
5: (Currie & De Waal, 2014, p. 173)
6: (FUR2601, Study Guide, p. 31)
7: (Currie & De Waal, 2014, p. 199)
