Browsing PER: Potchefstroom Electronic Law Journal by Subject "Unfair discrimination"
Now showing items 1-10 of 10
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The Constitutionality of the National Health Insurance Bill : the Treatment of Asylum Seekers
(PER/PELJ, 2022)As the supreme law of the land, the Constitution of the Republic of South Africa, 1996 (the Constitution) requires that any law or conduct be consistent with its provisions. The Draft National Health Insurance Bill, 2019 ... -
A contextual analysis of the hate speech provisions of the equality act
(2015)The article presents a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Equality Act. It is argued that this provision is not primarily intended to describe and ... -
A duty perspective on the Hate Speech Prohibition in the Equality Act
(PER/PELJ, 2021)In November 2019 the Supreme Court of Appeal in Qwelane v South African Human Rights Commission ruled that section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act) 4 of 2000, ... -
The employee's right to freedom of religion versus the employer's workplace needs: an ongoing battle: TDF network Africa (Pty) Ltd v Faris 2019 40 ILJ 326 (LAC)
(PER/PELJ, 2021)The right to religion is well protected in the Constitution of the Republic of South Africa, 1996 (the Constitution) as well as attendant legislation. Section 15(1) of the Constitution provides that all persons have the ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 2)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
Evaluering van regstellende aksie in konteks van moontlike onbillike diskriminasie teen subgroepe binne die aangewese groep
(2015)The implementation of affirmative action measures can give rise to unfair discrimination. In cases where members of the “designated groups” compete with one another for the same position, there can be allegations of unfair ... -
The impact on women on the removal of gender as a rating variable in motor-vehicle insurance
(2013)Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. ... -
Jurisdictional and procedural technicalities in hate speech cases: South African Human Rights Commission v Khumalo 2019 1 SA 289 (GJ)
(PER/PELJ, 2020)The jurisdiction or competence of the Equality Court to hear a dispute concerning alleged hate speech is affected by various jurisdictional factors. The decision in South African Human Rights Commission v Khumalo 2019 1 ... -
Language Discrimination in the Context of South African Workplace Discrimination Law
(PER/PELJ, 2022)This contribution considers the role of language as a prohibited ground of unfair discrimination in the workplace in South Africa, an area of law that has been somewhat neglected in the literature to date. It starts by ...