Ackermann J
provisions of the two Constitutions dealing with the guarantee of equality. Both are relevant for issues to be dealt with later. Section 8 of the interim Constitution,[1] to the extent presently relevant, provided:
“(1) Every person shall have the right to equality before the law and to equal protection of the law. (2) No person shall be unfairly discriminated against, directly or indirectly, and, without derogating from the generality of this provision, on one or more of the following grounds in particular: race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language. (3)
(a) This section shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms. (b) …. (4) Prima facie proof of discrimination on any of the grounds specified in subsection (2) shall be presumed to be sufficient proof of unfair discrimination as contemplated in that subsection, until the contrary is established.”
Section 9 of the 1996 Constitution stipulates:
- ↑ The Constitution of the Republic of South Africa, 1993.
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