Small steps to equal dignity: the work of the South African equality courts

Krüger, Rósaan

Title: Small steps to equal dignity: the work of the South African equality courts
Creator: Krüger, Rósaan
Date: 2011
Type: text
Type: article
Identifier: http://hdl.handle.net/10962/68920
Identifier: vital:29339
Identifier: http://www.equalrightstrust.org/ertdocumentbank/ERR7_kruger.pdf
Description: Publisher version
Description: Introduction: “The South African Constitution is primarily and emphatically an egalitarian constitution. The supreme laws of comparable constitutional states may underscore other principles and rights. But in the light of our own particular history, and our vision for the future, a constitution was written with equality at its centre. Equality is our Constitution’s focus and organising principle.” Given the foundational role of equality in the South African constitutional framework, the drafters of the South African Constitution (the Constitution) directed the South African Parliament (Parliament) to enact legislation to “prevent or prohibit unfair discrimination” between individuals within three years of the enactment of the Constitution.3 Under great pressure, Parliament finalised and passed the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act) within two days of the constitutional deadline.4 The Equality Act, as the title indicates, addresses the promotion of equality on the one hand, and provides for reactive measures where the equality right is breached, on the other. The reactive provisions include the prohibition of unfair discrimination and related infringements of the equality right. The Equality Act expressly provides for the enforcement of its provisions in specifically created equality courts. The majority of the reactive provisions of the Equality Act have been operational since 16 June 2003. More than a decade after the enactment of the legislation, the promotional aspects of the Equality Act are yet to come into operation. This article focuses on the reactive provisions of the Equality Act by providing a snapshot of the work of selected South African equality courts for the period from June 2003 to December 2007 insofar as complaints of racism are concerned. In order to contextualise the application of the Equality Act, the article provides a brief overview of the reactive provisions of the Equality Act and the mechanisms for its enforcement.
Format: 17 pages, pdf
Publisher: Equal Rights Trust
Language: English
Relation: The Equal Rights Review, Krüger, R. (2011) Small steps to equal dignity: the work of the South African equality courts. The Equal Rights Review, 7 : 27-43, The Equal Rights Review volume 7 number 27 43 2011 1757-1650
Rights: Equal Rights Trust
Rights: Use of this resource is governed by the terms and conditions of the Equal Rights Trust

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Kruger, Rosaan (Dr)

RU Department of Law

SDG 10. Reduced Inequalities

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