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South Africa: New Discrimination and Equality Laws proposed

Written comments have been invited by the Department of Justice and Constitutional Development for interested parties to submit written comments on the proposed amendment to Promotion of Equality and Prevention of Unfair Discrimination Act

In an explanation notice published on March 26, 2021 by BUSINESSTECH, the Department explained that the amendment deal with two aspects:

1. Prevention of unfair discrimination

2. Promotion of Equality

1. Prevention of unfair discrimination: Clause 1 to 3 aims to improve the protection of the act against discrimination. It will include Equality Rights and Access to resources, opportunities, benefits and advantages. Intentional discrimination will not matter. It is the effects that matter. This will make it easier for complainants to make out a case of discrimination. Both employer and employee could be held liable for discrimination

2. Promotion of Equality: Clause 4 to 9 clarify and reduce duties relating to promotion of Equality of the State and Public Bodies. To strengthen enforcement of the provision of the Act, the Bill now criminalizes willful submission of false information by any person.

Opinion: Amendments of such, is a manifest of the fact that the Government hasn't achieved the objectives of the Act yet more than twenty years since the dawn of our democracy.

Content created and supplied by: Lub.SV (via Opera News )

BUSINESSTECH Department of Justice and Constitutional Development Equality South Africa


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