The Equality Court in South Africa

The Equality Court exists to give effect to the constitutional right to equality. It is established under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, commonly called PEPUDA or the Equality Act. Its purpose is to provide an accessible forum for people who have experienced unfair discrimination, hate speech or harassment.

What the Equality Court deals with

• Unfair discrimination based on grounds such as race, gender, sex, disability, religion, sexual orientation, age or HIV status.
• Hate speech — words that are hurtful, harmful or that incite harm or promote hatred on a prohibited ground.
• Harassment linked to a prohibited ground of discrimination.

Who can approach the court

Almost anyone can bring a complaint — the person affected, someone acting on their behalf, an association acting in the interests of its members, or a body such as the South African Human Rights Commission. This wide standing reflects the court’s aim of being genuinely accessible.

Where it sits

Every High Court is an Equality Court, and many Magistrates’ Courts have been designated as Equality Courts too, presided over by specially trained officers. This means complaints can often be brought close to where a person lives.

How the process works

A complaint is lodged with the clerk of the Equality Court, who assists the complainant and refers the matter to the presiding officer. The process is designed to be relatively informal, and legal representation, while allowed, is not always necessary. The court can hold a directions hearing to decide how the matter should proceed.

Remedies the court can order

The Equality Court has broad powers. It can order an apology, payment of damages, a change in behaviour or policy, an interdict, or that a matter be referred elsewhere for further action. The focus is on addressing the discrimination and preventing its recurrence.

If you have experienced discrimination, hate speech or harassment, the Equality Court offers a practical route to a remedy. Gathering evidence — such as messages, recordings or witnesses — helps the court understand and address what happened.