In this Act, unless the context indicates otherwise—

"age"

includes the conditions of disadvantage and vulnerability suffered by persons on the basis of their age, especially advanced age;

"clerk of the equality court"

means a clerk of an equality court appointed or designated in terms of section 17, read with section 31, and includes any reference to "a clerk";

"Commission for Gender Equality"

means the Commission for Gender Equality referred to in section 187 of the Constitution;

"complainant"

means any person who alleges any contravention of this Act and who institutes proceedings in terms of the Act;

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

"constitutional institution"

means any of the relevant institutions supporting constitutional democracy referred to in Chapter 9 of the Constitution and includes the Pan South African Language Board;

"Department"

means the Department of Justice and Constitutional Development;

"discrimination"

means any act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly—

any person on one or more of the prohibited grounds;

"equality"

includes the full and equal enjoyment of rights and freedoms as contemplated in the Constitution and includes de jure and de facto equality and also equality in terms of outcomes;

"equality court"

means a court contemplated in section 16, read with section 31, and includes any reference to "court";

"family responsibility"

means responsibility in relation to a complainant's spouse, partner, dependent, child or other members of his or her family in respect of whom the member is liable for care and support;

"family status"

includes membership in a family and the social, cultural and legal rights and expectations associated with such status;

"harassment"

means unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to—

"HIV/AIDS status"

includes actual or perceived presence in a person’s body of the Human Immunodeficiency Virus (HIV) or symptoms of Acquired Immune Deficiency Syndrome (AIDS), as well as adverse assumptions based on this status;

"intersex"

means a congenital sexual differentiation which is atypical, to whatever degree;

"marital status"

includes the status or condition of being single, married, divorced, widowed or in a relationship, whether with a person of the same or the opposite sex, involving a commitment to reciprocal support in a relationship;

"Minister"

means the Minister for Justice and Constitutional Development;

"nationality"

means ethnic or national origin and includes practices associated with xenophobia and other adverse assumptions of a discriminatory nature but does not include rights and obligations normally associated with citizenship;

"person"

includes a juristic person, a non-juristic entity, a group or a category of persons;

"pregnancy"

includes any condition related to pregnancy, intended pregnancy, potential pregnancy or termination of pregnancy;

"prescribed"

means prescribed by regulation in terms of this Act;

"presiding officer"

means a presiding officer of an equality court contemplated in section 16, read with section 31;

"prohibited grounds"

are—

[Paragraph (a) substituted by section 30 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]

"regulation"

means a regulation in terms of this Act;

"respondent"

means any person against whom proceedings are instituted in terms of this Act;

"sector"

means any sector referred to in section 29, and includes the sectors set out in the Schedule;

"sex"

includes intersex;

"socio-economic status"

includes a social or economic condition or perceived condition of a person who is disadvantaged by poverty, low employment status or lack of or low-level educational qualifications;

"South African Human Rights Commission"

means the South African Human Rights Commission referred to in section 184 of the Constitution;

"the State"

includes—

"this Act"

includes any regulation made in terms of this Act.