Constitution of the Republic of South Africa 1996, as amended to 2023
Equality and Non-Discrimination
  • English
    We, the people of South Africa…
    We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to- …
    Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law; … (Preamble)
Equality and Non-Discrimination
  • English
    The Republic of South Africa is one, sovereign, democratic state founded on the following values:
    (a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.
    (b) Non-racialism and non-sexism.
    … (Sec. 1)
Equality and Non-Discrimination
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    (1) This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
    … (Sec. 7)
Equality and Non-Discrimination
  • English
    (1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
    (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
    (3) The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
    (4) No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
    (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair. (Sec. 9)
Equality and Non-Discrimination
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    (1) When interpreting the Bill of Rights, a court, tribunal or forum—
    (a) must promote the values that underlie an open and democratic society based on human dignity, equality and freedom;
    … (Sec. 39)
Links to all sites last visited 1 March 2024
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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5- The Table of Non-Derogable Rights includes Equality (Sec. 9), Human Dignity (Sec. 10), Life (Sec. 11), Freedom and Security of the person (Sec. 12), Slavery, servitude and forced labour (Sec. 13), Children (Sec. 28) and Arrested, detained and accused persons (Sec. 35).
6- Refer to Table of Non-Derogable Rights.

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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 9 on State Institutions Supporting Constitutional Democracy. According to Art. 181, those institutions are: “(a) The Public Protector. (b) The South African Human Rights Commission. (c) The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. (d) The Commission for Gender Equality. (e) The Auditor-General. (f) The Electoral Commission.”
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Chapter 12 on Traditional Leaders.