Browsing PER: Potchefstroom Electronic Law Journal by Subject "Equality Act"
Now showing items 1-5 of 5
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The constitutionality of the prohibition of hate speech in terms of section 10(1) of the equality act: A reply to Botha and Govindjee
(PER/PELJ, 2019)This is a reply to a critique by Botha and Govindjee (2017 PELJ 1-32) of our interpretation of the hate speech provisions of the Equality Act (Promotion of Equality and Prevention of UnfairDiscrimination Act 4 of 2000) in ... -
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, ... -
Equal pay for work of equal value in terms of the Employment Equity Act 55 of 1998: lessons from the International Labour Organisation and the United Kingdom
(2016)Equal pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved ... -
Hate Speech Provisions and Provisos: A Response to Marais and Pretorius and Proposals for Reform
(2017-11-06)This article responds to some of the issues raised by Marais and Pretorius in their 2015 article titled "A Contextual Analysis of the Hate Speech Provisions of the Equality Act" published in 2015(18)4 PER 901. In particular, ... -
Reviewing the suitability of affirmative action and the inherent requirements of the job as grounds of justification to equal pay claims in terms of the employment equity act 55 of 1998
(PER, 2018)The Employment Equity Act 55 of 1998 ("EEA") has been amended to include a specific provision dealing with equal pay claims in the form of section 6(4). Section 6(4) of the EEA prohibits unfair discrimination in terms and ...
