Browsing by Subject "Unfair discrimination"
Now showing items 1-10 of 17
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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 ... -
Crossing the public/private sphere divide - limiting freedom of testation in the private sphere – King v De Jager 2021 4 SA 1 (CC)
(North-West University (South Africa), 2023)A fundamental principle of the law of testate succession is freedom of testation, which is indirectly protected in section 25(1) of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). ... -
Decent work : the promotion of equal treatment and opportunity in the South African workforce with regards to gender
(North-West University (South Africa) , Potchefstroom Campus, 2016)Decent work as established by the International Labour Organisation entails productive work for women and men in conditions of freedom, equality, security and human dignity. One of the primary goals of decent work is the ... -
Die grondwetlikheid van die uitsluiting van teenoorgestelde geslag lewensmaats van die strekwydte van die Wet op Onderhoud van Langslewende Gades 27 van 1990
(North-West University, 2019)The number of people who are involved in opposite sex permanent life partnerships is drastically increasing in South Africa. However, the greater freedom such a relationship brings also entails risks, especially for the ... -
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 ...