These are courts set up in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act). Anyone can take a case to the Equality Court if they feel they have been discriminated against on any of the grounds for non-discrimination listed in the Constitution. In addition to a listed ground, the Equality Act also prohibits any discrimination of any other ground where the discrimination:

• Causes or encourages systemic disadvantage;
• Undermines human dignity;
• Seriously impacts on the equal enjoyment of a person’s rights and freedoms that is equivalent to discrimination on a ground listed in the Constitution.

You can also take a case for hate speech or harassment to the Equality Court. You may not take a case that involves discrimination in the workplace, this falls under the Employment Equity Act 55 of 1998. (See: Equality courts)

When you lodge a case with the Equality Court, it is up to the other party, the person who has been accused of discrimination, to prove to the Court that they did not unfairly discriminate against you.