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.
FreeSouth African Law2 related guides
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.
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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
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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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