CCMA vs Equality Court
Discrimination claims in South Africa can be heard by either the CCMA (for workplace unfair discrimination) or the Equality Court (for discrimination in any context). Choosing the right forum affects your deadline, remedies, and procedure.
CCMA
The Commission for Conciliation, Mediation and Arbitration — a statutory dispute resolution body for employment disputes.
When it applies: Use the CCMA when you have suffered unfair discrimination, harassment, or victimisation at work (by an employer, colleague, or client).
Law: Employment Equity Act 55 of 1998, s6; Labour Relations Act 66 of 1995.
Example: Employer refuses to promote you because of your race, sex, or disability.
Equality Court
A designated Magistrates' Court or High Court with power to hear discrimination claims under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA/Equality Act).
When it applies: Use the Equality Court for discrimination outside the employment context — schools, shops, healthcare, housing, or hate speech.
Law: Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA).
Example: A restaurant refuses to serve you because of your religion; a landlord refuses to rent to you because of your disability.
Key Differences at a Glance
| Aspect | CCMA | Equality Court |
|---|
| Jurisdiction |
Employment/workplace discrimination only |
All spheres of life, including workplaces (alternative to CCMA) |
| Referral deadline |
6 months from last act of discrimination |
Reasonable time (no strict statutory deadline) |
| Cost |
Free to refer; legal representation not required |
Free in Magistrates' Court; High Court has costs risk |
| Remedies |
Reinstatement, compensation (max 12 months' salary) |
Damages, apology, interdict, change of policy — no cap |
| Who can be respondent |
Employer only (and other parties to a workplace relationship) |
Any person or organisation |
| Burden of proof |
Complainant must establish facts; burden shifts to employer to justify |
Same shifting burden under PEPUDA |
Frequently Asked Questions
Can I go to both the CCMA and the Equality Court for the same workplace discrimination?
Generally no — once you choose a forum and proceed, you cannot duplicate the claim in another. The LRA specifically provides that the Equality Court has concurrent jurisdiction for workplace discrimination, so you must choose.
Is hate speech handled by the Equality Court?
Yes. The Equality Court has jurisdiction over hate speech claims under PEPUDA. It can order an apology, retraction, or interdiction, and award damages.
What counts as a protected ground in both forums?
Race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth are listed grounds in both PEPUDA and the Employment Equity Act.