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What Is Fair Discrimination?

What Is Fair Discrimination?

Discrimination is a term that has become synonymous with many negative connotations, and is often used to describe unfair treatment of people. However, in South Africa, the concept of fair discrimination exists as a legal framework for certain situations which may be subject to different treatments. This article will look at what constitutes fair discrimination in South Africa and how it works within the context of our country’s laws.

Definition Of Fair Discrimination In South African Law

Fair discrimination under South African law refers to any distinction or preference made on a reasonable and justifiable basis between persons or groups of persons who are similarly circumstanced. It must not be based on irrelevant criteria such as race, gender or disability and should take into account the needs of both parties involved (e.g., employers vs employees). The purpose behind this type of discrimination is to ensure fairness in society by allowing individuals/groups who have specific qualities or advantages over others (such as education) access to opportunities they would otherwise not have had if there was no differentiation between them.

Examples Of Fair Discrimination

In South Africa, examples of fair discriminations include: age-based discounts offered by retailers; educational qualifications requirements for certain jobs; positive action policies designed to promote members from historically disadvantaged backgrounds; preferential treatment given to veterans; and financial aid granted based upon socio-economic status. These types of distinctions can help create more equal access for those with few resources but great potential – something which could never happen without making these distinctions in the first place!


It is important for everyone living in South Africa – regardless if you are an employer, employee or consumer -to understand that while all forms of unfair discrimination are prohibited by law here, there are still instances where reasonably justified differences can be made according to specific circumstances which amounting too legally acceptable ‘fair’ discriminatory practices. Knowing when these exist can help us all work together towards creating an equitable society where everyone’s rights are respected equally regardless their background or identity groupings they belong too!

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