The PEPUDA was assented two years after the EEA in the year 2000 to give greater effect to Chapter 2, Section 9 of the Constitution and covers issues non-related to work further facilitating compliance with internationally ratified Conventions.

In accordance with Chapter I, Section 5 (1), the PEPUDA is binding on the State and applicable to all persons. Furthermore, Chapter II, Section 6 provides that neither the State nor any person may unfairly discriminate against any person. While attention is placed upon the prohibition of unfair discrimination on grounds of race, gender and disability, all of the following are expressly prohibited grounds for discrimination:  race, gender, sex, pregnancy, family responsibility or status, marital status, ethnic or social origin, HIV/AIDS status, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

Within the PEPUDA, discrimination is defined as any act or omission, including a policy, law, rule practice, condition or situation which directly or indirectly (a) imposes burdens, obligations or disadvantages; or (b) withholds benefits, opportunities or advantages from, any person on one or more of the prohibited grounds. Furthermore hate speech, harassment and dissemination, and publication of information that unfairly discriminates are prohibited.

In order to eliminate discrimination, Chapter V of the PEPUDA outlines Affirmative Action Measures. Additional legal obligations are specified under Sections 26 and 28.