The right to Equality means that all citizens are equal before the law and no person may be unfairly discriminated against by any other person. This right applies to all people and the state, and ensures that everybody enjoys every right, equally. The right to Equality is arguably the cornerstone and foundation for all other constitutional rights.
The right to Equality may be infringed in cases where a person is discriminated against based on their race, ethnicity, gender, religion, marital status, age, sexual orientation and even pregnancy, by either the state or another individual. The consequences of such an infringement are that the person who suffers the infringement, the complainant, may approach the Equality Court to hear their complaint. The Equality Act designates that all high courts and as of 2009, all magistrates courts, within the complainant’s area of jurisdiction are Equality courts. A complainant may institute proceedings in their own interests or on the behalf of another individual or even a group of persons.
In any society, the right to be treated equally is of utmost importance, but especially within the South African community, due to injustices of the past. The apartheid era leant itself to discrimination of great proportions based on race and ethnicity. In a democratic society such as the one in which we find ourselves today, discrimination is no longer tolerated and we are all seen as a cohesive “Rainbow Nation”, where differences are accepted and celebrated.
Compiled by Monique Milligan, Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
