Unlike in the United Kingdom, South Africa does not have one specific act that encapsulates all public sector equality duties. In fact, the term ‘public sector equality duty’ is seldom used within South Africa’s legislation; reference is rather made to ‘Affirmative Action Measures.’ Nonetheless there exists an expansive legal framework which has been instilled with the aim of eliminating discrimination within the public sector. The goal of such action is to speed up the creation of a representative and equitable Public Service and to build an environment that supports and enables those who have been historically disadvantaged by unfair discrimination to fulfil their maximum potential. Consequently, the Public Service may derive the maximum benefit of their diverse skills and talents to improve service delivery.

Provisions within the newly enacted Constitution of the Republic of South Africa 1996 lay the provisions for public sector equality duties and provide the stimuli for the enactment of related legislation. The Employment Equity Act 1998 (EEA), the Promotion of Equality and Prevention of Discrimination Act 2000 (PEPUDA), and the Broad-Based Black Economic Empowerment Act 2003  (B-BBEEA) combined can be said to make up the legal framework for South Africa’s public sector equality duties. Each act contains an expansive framework within which provisions for public sector duties can be discerned.

While the EEA focuses on equality in the workplace and the labour force, the PEPUDA was assented to cover issues non-work related and to facilitate compliance with international conventions ratified by South Africa. The B-BBEEA can be said to widen the provisions set forth in the EEA.