The Department of Justice and Constitutional Development invites the public to comment on the proposed amendments to PEPUDA, the Promotion of Equality and the Prevention of Unfair Discrimination Act.

The amendments deal with two key elements:
• The prevention of unfair discrimination;
• The promotion of equality.

The ACDP views the PEPUDA Amendment Bill as one of the greatest threats to religious freedom and calls on all God-fearing South Africans to oppose it.

The Amendment Bill seeks to address weaknesses in the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000 (PEPUDA or “the Equality Act”).  However, in the process it:

• significantly broadens the definitions of “discrimination” and “equality” found in the Act;
• seeks to extend the scope of the prohibition of unfair discrimination; and
• provides for “joint and several liability”. This means that employers will be liable for the discriminatory actions of their employees, even if the employer did not know about it and even if the employee did not act intentionally.

We will also inform you of opportunities – as part of the democratic process – where you can become involved to oppose this Amendment Bill to make sure that your voice is heard and your views are taken into account.


Have your say - shape the outcome

Have your say on the proposed equality amendments

Freedom of Religion SA has already written to the Department of Justice and have been granted an extension of the deadline for comment on this Bill to Wednesday, 30 June 2021.

However, they have received communication from the Department of Justice to state that they “do not agree to a general extension for the submission of comments” and that they will only consider this should “requests be sent directly to us for consideration”.

Given that this new law will impact every South African – particularly people of faith – we encourage you to write to the Department of Justice TODAY, to indicate that you intend to make a submission, but need more time to consider the Bill, take (legal) advice, consult with your leadership and/or constituency and prepare an appropriate submission (or something along those lines).

This is the first step in making submissions on the Bill. If no extension is requested, submissions are due by the original deadline of 12 May 2021. Without the Department’s agreement, any submission made after this date may well not be considered.

The contact details of where to send your request are as follows:

Attn.: The Director-General: Justice and Constitutional Development

Please consider cc’ing for our records.

To assist, here are two templates for use, kindly provided by Freedom of Religion South Africa