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October 19, 2022

A women’s association is formed, with the mandate of promoting women’s economic empowerment and business opportunities.

A women’s association is formed, with the mandate of promoting women’s economic empowerment and business opportunities. A man seeks to join the association, and when refused membership, claims that he is being unfairly discriminated against, on the basis of gender.

Discuss concepts of fair or unfair discrimination in this example, citing relevant constitutional and statutory provisions and principles established in case law. Would the association’s women’s only membership rule pass Constitutional muster? Apply the Harksen v Lane test and advise whether this rule constitutes unfair discrimination.

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