Given South Africa’s legacy of Apartheid and injustice, the enactment of a new constitution in 1997 marked a significant event in the history of human rights within the country.Subsequent to detailed and inclusive negotiations held by an all-inclusive constitutive assembly between 1994 and 1996, the South African Constitution took effect from 4 February 1997.

Currently heralded as one of the most progressive constitutions in the world, its contents lay the foundation for public sector equality duties. From the offset, the Preamble notes that South Africa is “united in [their] diversity” and that “every citizen is equally protected by law.” Chapter 2 of the Constitution encompases the Bill of Rights - thecornerstone of democracy in South Africa - and affirms the democratic values of human dignity, equality and freedom. Section 9: Equality within the Bill of Rights provides the foundation for the enactment of public sector equality duties