Constitutional Law
Right to Equality
Section 9 guarantees equality before the law and equal protection. Unfair discrimination based on race, gender, age, disability, sexual orientation, and other grounds is prohibited.
Legal Definition
Section 9 of the Constitution: (1) everyone is equal before the law and has equal protection; (2) equality includes full and equal enjoyment of all rights; (3) the state may not unfairly discriminate; (4) no person may unfairly discriminate; (5) discrimination on listed grounds is presumed unfair unless the other party proves otherwise.
📖 Constitutional / Statutory Basis: Section 9, Constitution of the Republic of South Africa, 1996
Practical Example
A restaurant refuses to serve a customer because of their race. This is prohibited unfair discrimination under s9 — the customer can approach the Equality Court for damages and an apology.
Frequently Asked Questions
What is "unfair" discrimination?
Differentiation that impairs fundamental dignity, has no rational connection to a legitimate purpose, or is based on a listed ground without justification. Affirmative action to remedy past disadvantage is not unfair discrimination.
What are the listed grounds?
Race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.
Can equality justify affirmative action?
Yes. Section 9(2) explicitly allows measures designed to promote the achievement of equality — including affirmative action policies and transformation requirements.
Related Terms
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