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FUR2601 Assignment 2 Semester 1 2024 - DUE 30 April 2024
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Assignment 2
Semester 1 2024 -
DUE 30 April 2024
QUESTIONS WITH WELL OUTLINED ANSWERS
Musyokah11@gmail.com
[Date]
, FUR2601 Assignment 2 Semester 1 2024 - DUE 30 April
2024
QUESTIONS 1
The South African Constitution prohibits discrimination on several grounds. With the
use of caselaw, explain direct and indirect discrimination in terms of section 9 of the
Constitution. [2 marks]
Direct and Indirect Discrimination in the South African Constitution
The South African Constitution, Section 9(3), prohibits unfair discrimination on
several grounds, including race, gender, sex, etc. Here's an explanation of direct and
indirect discrimination with relevant case law:
Direct Discrimination:
• Occurs when a person is treated less favorably than another because of a listed
characteristic (race, gender, etc.). It's explicit and intentional.
Case Example:
• In Minister of Education and Another v MEC for Education: Kwazulu-
Natal and Others 2000 (4) SA 1267 (CC), a policy requiring pregnant learners
to be transferred to alternative schools was found to be directly discriminatory
based on gender.
Indirect Discrimination:
• Occurs when a seemingly neutral rule or policy disproportionately
disadvantages a group with a listed characteristic. It's unintentional but has a
discriminatory effect.
Case Example:
• In Brisley v Rennies Shipping Holdings Ltd 1999 (4) SA 1213 (SCA), a
company policy requiring all employees to be at least 1.8 meters tall indirectly
discriminated against women, who on average are shorter than men.
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