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Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000)

Chapter 3 : Burden of Proof and Determination of Fairness or Unfairness

13. Burden of proof

 

(1) If the complainant makes out a prima facie case of discrimination
(a) the respondent must prove, on the facts before the court, that the discrimination did not take place as alleged; or
(b) the respondent must prove that the conduct is not based on one or more of the prohibited grounds.

 

(2) If the discrimination did take place—
(a) on a ground in paragraph (a) of the definition of "prohibited grounds", then it is unfair, unless the respondent proves that the discrimination is fair;
(b) on a ground in paragraph (b) of the definition of "prohibited grounds", then it is unfair—
(i) if one or more of the conditions set out in paragraph (b) of the definition of "prohibited grounds" is established; and
(ii) unless the respondent proves that the discrimination is fair.