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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.