the existence of laws like the Constitution; the Promotion of Equality and Prevention of Unfair Discrimination Act
(ACT 4 of 2000); the Employment Equity Act (Act 55 of 1998) and others that specifically make it illegal for the
practice of racial discrimination in whatever shape or form. Other significant interventions by the State include the
establishment of Equality Courts21; the Access to Justice and the Promotion of Constitutional Rights Programme22,
which commenced in April 2009.
According to the Foundation for Human Rights, the Access to Justice and Promotion of Constitutional Rights
Programme will strengthen policy dialogue between government and civil society on human rights issues and will
support social dialogue within civil society to improve social cohesion, given the deep fragmentation caused by
ongoing racism, poverty and inequality.23
The continuing existence of racism and acts of racial discrimination is corroborated in part by the Preamble of
the Equality Act, which inter alia, states that: “Although significant progress has been made in restructuring and
transforming our society and institutions, systemic inequalities and unfair discrimination remain embedded in our
social structures, practices, and attitudes”24. During the period under review, the country has continued to witness
cases of racially inspired and motivated developments. One such case was the much-publicised and recently
concluded high-profile incident that made international headlines for its perceived potential to polarize the country
as reported in the previous report. The case involves an act committed by four students of the University of the Free
State. The four were convicted25 and fined R20, 000 each after pleading guilty to crimen injuria for making a video
that put Black janitorial staff at the school through a series of humiliating tasks in 2008.
Nonetheless, as the country’s democracy matures, so does the development of race relations. Increased public
awareness campaigns, the hosting of high profile sporting events such as the 1995 Rugby World Cup, the 1996
African Cup of Nations, the 2006 Cricket World Cup as well as the Confederations and Cup in 2009 and the 2010
FIFA World Cup have resulted in the growing embrace of national symbols such as the national anthem, the
national flag, coat of arms and national colours. This development indicates the growing impact on social cohesion
and nation building initiatives in the country. The racism that is continuously surfacing as reasons for interracial
violence and persistent social inequalities is being addressed through a number of legislative, regulatory, and
society driven programmes.
21
22
By August 2009 382 of these courts were set up and functioning throughout the country.
Developed jointly by the Department of Justice and Constitutional Development and the European Union
23
24
25
http://www.justice.gove.za/events/2009events/20090317_rights.html
Preamble of the Promotion of Equality and Prevention of Unfair Discrimination Act.
See State v Reitz Four
55