Definitions, Objects, Interpretation, Guiding Principles and Application of Act

CHAPTER 1

DEFINITIONS, OBJECTS, INTERPRETATION, GUIDING PRINCIPLES AND

APPLICATION OF ACT

1. Definitions

(1) In this Act, unless the context indicates otherwise—

“age” includes the conditions of disadvantage and vulnerability suffered by persons on the basis of their age, especially advanced age;

“clerk of the equality court” means a clerk of an equality court appointed or designated in terms of section 17, read with section 31, and includes any reference to “a clerk”;

“Commission for Gender Equality” means the Commission for Gender Equality referred to in section 187 of the Constitution;

“complainant” means any person who alleges any contravention of this Act and who institutes proceedings in terms of the Act;

“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

“constitutional institution” means any of the relevant institutions supporting constitutional democracy referred to in Chapter 9 of the Constitution and includes the Pan South African Language Board;

“Department” means the Department of Justice and Constitutional Development;

“discrimination” means any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly—

(a) imposes burdens, obligations or disadvantage on; or

(b) withholds benefits, opportunities or advantages from,

any person on one or more of the prohibited grounds;

“equality” includes the full and equal enjoyment of rights and freedoms as contemplated in the Constitution and includes de jure and de facto equality and also equality in terms of outcomes;

“equality court” means a court contemplated in section 16, read with section 31, and includes any reference to “court”;

“family responsibility” means responsibility in relation to a complainant’s spouse, partner, dependant, child or other members of his or her family in respect of whom the member is liable for care and support;

“family status” includes membership in a family and the social, cultural and legal rights and expectations associated with such status;

“harassment” means unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to—

(a) sex, gender or sexual orientation; or

(b) a person’s membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such group;

“HIV/AIDS status” includes actual or perceived presence in a person’s body of the Human Immunodeficiency Virus (HIV) or symptoms of Acquired Immune Deficiency Syndrome (AIDS), as well as adverse assumptions based on this status;

“intersex” means a congenital sexual differentiation which is atypical, to whatever degree;

[“intersex” ins by s 16(a) of Act 22 of 2005.]

“marital status” includes the status or condition of being single, married, divorced, widowed or in a relationship, whether with a person of the same or the opposite sex, involving a commitment to reciprocal support in a relationship;

“Minister” means the Minister for Justice and Constitutional Development;

“nationality” means ethnic or national origin and includes practices associated with xenophobia and other adverse assumptions of a discriminatory nature but does not include rights and obligations normally associated with citizenship;

“person” includes a juristic person, a non-juristic entity, a group or a category of persons;

“pregnancy” includes any condition related to pregnancy, intended pregnancy, potential pregnancy or termination of pregnancy;

“prescribed” means prescribed by regulation in terms of this Act;

“presiding officer” means a presiding officer of an equality court contemplated in section 16, read with section 31;

“prohibited grounds” are—

(a) race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and HIV/AIDS status; or

[Para (a) of “prohibited grounds” subs by s 30 of Act 8 of 2017.]

(b) any other ground where discrimination based on that other ground—

(i) causes or perpetuates systemic disadvantage;

(ii) undermines human dignity; or

(iii) adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground in paragraph (a);

“regulation” means a regulation in terms of this Act;

“respondent” means any person against whom proceedings are instituted in terms of this Act;

“sector” means any sector referred to in section 29, and includes the sectors set out in the Schedule;

“sex” includes intersex;

[“sex” ins by s 16(b) of Act 22 of 2005.]

“socio-economic status” includes a social or economic condition or perceived condition of a person who is disadvantaged by poverty, low employment status or lack of or low-level educational qualifications;

“South African Human Rights Commission” means the South African Human Rights Commission referred to in section 184 of the Constitution;

“the State” includes—

(a) any department of State or administration in the national, provincial or local sphere of government;

(b) any other functionary or institution—

(i) exercising a power or performing a function in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public function in terms of any legislation or under customary law or tradition;

“this Act” includes any regulation made in terms of this Act.

[Commencement of s 1: 1 September 2000 (Proc. 54, G. 21517).]