| a) |
exclude any person or category of persons from accessing any goods or services offered by the supplier; |
| b) |
grant any person or category of persons exclusive access to any goods or services offered by the supplier; |
| c) |
assign priority of supply of any goods or services offered by the supplier to any person or category of persons; |
| d) |
supply a different quality of goods or services to any person or category of persons; |
| e) |
charge different prices for any goods or services to any persons or category of persons; |
| f) |
target particular communities, districts, populations or market segments for exclusive, priority or preferential supply of any goods or services; or |
| g) |
exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier, |
on the basis of one or more grounds of unfair discrimination contemplated in section 9 of the Constitution or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
| 2) |
Subject to section 9, a supplier must not directly or indirectly treat any person differently than any other, in a manner that constitutes unfair discrimination on one or more grounds set out in section 9 of the Constitution, or one or more grounds set out in Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act, when— |
| a) |
assessing the ability of the person to pay the cost, or otherwise meet the obligations, of a proposed transaction or agreement; |
| b) |
deciding whether to enter into a transaction or agreement, or to offer to enter into a transaction or agreement; |
| c) |
determining any aspect of the cost of a transaction or agreement to the consumer; |
| d) |
interacting with the consumer— |
| i) |
in the supplier's place of business, or |
| ii) |
in the course of displaying or demonstrating any goods, testing or fitting any goods, or negotiating the terms of a transaction or agreement; or |
| e) |
selecting, preparing, packaging or delivering any goods for or to the consumer, or providing any services to the consumer; |
| f) |
proposing or agreeing the terms and conditions of a transaction or agreement; |
| g) |
assessing or requiring compliance by the person with the terms of a transaction or agreement; |
| h) |
exercising any right of the supplier under a transaction or agreement in terms of this Act or applicable provincial consumer legislation |
| i) |
determining whether to continue, enforce, seek judgment in respect of, or terminate a transaction or agreement; or |
| j) |
determining whether to report, or reporting, any personal information of such person. |
| 3) |
Subsections (1) and (2) also apply in respect of a consumer that is an association or juristic person, to prohibit unfair discrimination against that association or juristic person based on the characteristics of any natural person who is a member, associate, owner, manager, employee, client or customer of that association or juristic person. |
| 4) |
Nothing in this section is intended to limit the authority of a court to— |
| a) |
consider any conduct between a supplier and a consumer that is not contemplated in this section; or |
| b) |
find that any such conduct constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act. |
Intellectual Property Rights from Publicly Financed Research and
