South African Human Rights Commission

Equality Unit

Vision

The Equality Unit is committed to the achievement of social justice through the promotion of human rights and in particular the right to equality as enunciated in section 9 of the RSA Constitution Act 108 of 1996 and by providing awareness in respect of the Promotion of Equality and Prevention of Unfair Discrimination Act No 2 of 2000 (PEPUDA), that seeks to ensure that the inequalities of the past on the basis of gender, disability and race are eradicated in our societies.

Mission

To promote the achievement of substantive equality in the Republic by:

  • establishing a conceptual basis upon which the promotion of equality in South Africa should be measured.
  • monitoring and assessing the observance of the right to equality 
  • monitoring the implementation of PEPUDA 
  • investigating complaints in collaboration with the Legal Department around inequality
  • conducting research on equality issues and recommend on the effects of unfair discrimination 
  • establishing working relationship with all the relevant stakeholders committed to the promotion of equality

Background to the Establishment of the Equality Unit

Section 9 (4) of the Constitution mandated parliament to enact legislation within three years to prohibit or prevent unfair discrimination. Parliament duly complied with this mandate by enacting Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA). As a result the Equality Unit (EU) was established within the South African Human Rights Commission (Commission) to support it in fulfilling its mandate in terms of PEPUDA.

The South African Human Rights Commission’s Mandate in Terms of PEPUDA

  • to institute legal proceedings in the Equality Court in its own or public interest or on behalf of another person who cannot act in their own name
  • to request any component of the State or any person to provide information on measures taken relating to the achievement of equality
  • to monitor and assess the extent to which unfair discrimination on the ground of race, gender, disability and other grounds persist in South Africa, the effect thereof and recommendations on how best to address the problem.