Constitutional Law
Equality Court
The Equality Court hears complaints of unfair discrimination, hate speech, and harassment under the Equality Act (PEPUDA). It is accessible and inexpensive — a magistrates' court designated for equality matters.
Legal Definition
Designated under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA/Equality Act). Every High Court and designated magistrates' court is an Equality Court. It hears equality complaints and can award damages, order apologies, and impose fines.
📖 Constitutional / Statutory Basis: Section 9 (equality), Constitution of the Republic of South Africa, 1996; PEPUDA 4 of 2000
Practical Example
A landlord refuses to rent to someone because of their race. The tenant files a complaint at the Equality Court. The court can order the landlord to rent and pay damages.
Frequently Asked Questions
Is the Equality Court different from the High Court?
It is the High Court (and designated magistrates' courts) sitting in its equality jurisdiction. Most equality complaints start at magistrates' court level.
Does it cost money to use the Equality Court?
Not much. Complainants may represent themselves. The clerk of the court provides assistance with forms. There is no filing fee for complainants.
What remedies can the Equality Court grant?
Prohibition orders, apologies, damages (up to prescribed limits in magistrates' court), access to services, affirmative action orders, and public interest orders.
Related Terms
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