Legal Q&A

How to Use the Equality Court in South Africa

The Equality Court handles hate speech, unfair discrimination, and harassment complaints — free of charge, at every Magistrate's Court. No attorney is needed. Here is how to use it.

Free South African Law

Direct Answer

Every Magistrate's Court and High Court is also an Equality Court under PEPUDA. You can bring a complaint about unfair discrimination, hate speech, or harassment without an attorney and without a filing fee. Complaints must be brought within 3 years of the conduct.

What the Law Says

Your Legal Foundation

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Section 20

“Any person may bring a complaint in terms of this Act to the Equality Court.”

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Section 21

“An Equality Court may grant any appropriate remedy, including an unconditional apology, a fine, damages, or an interdict.”

Constitution of South Africa

Section 9(4)

“No person may unfairly discriminate directly or indirectly against anyone on grounds listed in subsection (3) or on any other ground.”

What to Do

Step-by-Step Guide

1Go to the clerk of the Equality Court at any Magistrate's Court. Ask for the complaint form (Form 2 under the Equality Court Rules).
2Describe the conduct clearly: what happened, who did it, on which grounds (race, gender, disability, sexual orientation, religion, etc.), and the harm it caused you.
3No filing fee is required and you do not need an attorney. The clerk can assist you in completing the form.
4The clerk serves the complaint on the respondent (the person or institution you are complaining against). They must respond within the time set by the court.
5The court can order an apology, damages, a fine of up to R150,000 for serious cases, an interdict against further conduct, or access to training and education.

What to Say

Exact Words to Use

“"I wish to lodge a complaint in the Equality Court in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act. The conduct constitutes unfair discrimination on the ground of [ground]. Please provide me with the complaint form and assist me in completing it."”

Tone: At the Equality Court clerk's office

Common Questions

Frequently Asked Questions

What is the difference between the Equality Court and the CCMA?

The CCMA handles employment-specific discrimination disputes between employers and employees. The Equality Court handles any discrimination in any sphere of life — education, housing, healthcare, services, and more. For workplace discrimination, you can choose either forum, though the CCMA is usually faster for employment matters.

Can I sue for damages in the Equality Court?

Yes. The court can award damages for patrimonial loss (financial harm) and solatium (hurt feelings/dignity). It can also award a fine payable to the state for serious contraventions, in addition to your damages.

Get Help Now

Resources & Helplines

Equality Court Clerk

At any Magistrate's Court

Lodge complaints — free, no attorney needed.
SAHRC

011 877 3600

Can also receive and refer discrimination complaints.

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