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Proposed Amendments to Prevention of Unfair Discrimination Act Drawn Up

March 31, 2021

Department of Justice and Constitutional Development

Proposed amendments to the Promotion of Equality and the Prevention of Unfair Discrimination Act of 2000 have been drawn up.

The justice and constitutional development department published the draft amendments in Government Gazette 44402 for comment.

The Draft Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill is designed to address certain problems that have been identified with the act following a review process.

According to the department, amendments are proposed to improve the protection of complainants.

The draft bill also aims to address challenges in the promotion of equality.

Two new subsections are proposed for section 6 of the act focused on the extension of the scope of the prohibition of unfair discrimination to any person who causes, encourages or requests another person to discriminate against others and provision for joint and several liability which entails that both the employer and the employee can be held liable for discrimination.

The insertion of section 9A will prohibit retaliation against a person who exercised his or her remedies in terms of the act.

The draft bill also proposes criminalizing the willful submission of false information by any person.

Comment is invited within 30 working days after the date of publication.