Section 9 (1) provides that everyone is equal before the law and has the right to equal protection and benefit of the law. Section 9 (2) defines equality as the full and equal enjoyment of all rights and freedoms. In order to promote the achievement of equality, legislative measures may be taken to “protect or advance persons, or categories of persons, disadvantaged by unfair discrimination.”

Sections 9 (3) and 9 (4) provide that no person or the State may directly or indirectly unfairly discriminate against anyone on one or more grounds. These grounds include race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

Section 9 (4) further states that national legislation must be enacted in order to prevent or prohibit unfair discrimination. This provision provided the stimuli for the enactment of the EEA, the PEPUDA and the B-BBEEA.