AfterTheMarket Anti-Discrimination and Hate Speech Policy

Last Updated: January 18, 2025

Purpose and Scope

AfterTheMarket is committed to providing a safe, inclusive, and respectful environment for all users, employees, partners, and stakeholders in accordance with South African law, particularly the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), Employment Equity Act, and the Electronic Communications and Transactions Act.

Definitions

Discrimination

In accordance with PEPUDA and related legislation, discrimination includes any act or omission, including a policy, law, rule, practice, condition, or situation which directly or indirectly:

• Imposes burdens, obligations, or disadvantages
• Withholds benefits, opportunities, or advantages

Based on one or more of the following grounds:

• Race, gender, sex, pregnancy, marital status
• Ethnic or social origin, colour
• Sexual orientation
• Age, disability
• Religion, conscience, belief, culture
• Language, birth
• HIV/AIDS status
• Nationality
• Socio-economic status
• Any other ground where discrimination based on that ground causes or perpetuates systemic disadvantage

Hate Speech

As defined by South African law, hate speech includes:

• Publishing, propagating, advocating, or communicating words that could reasonably be construed to demonstrate a clear intention to:
  • Be hurtful
  • Be harmful or incite harm
  • Promote or propagate hatred

Prohibited Conduct

The following behaviors are strictly prohibited under South African law:

1. Direct or indirect unfair discrimination
2. Hate speech as defined by PEPUDA and related legislation
3. Harassment based on any protected characteristic
4. Publication, propagation, or advocacy of hatred
5. Retaliation against individuals who report violations
6. Unfair practices as defined in Chapter 5 of PEPUDA
7. Any form of discrimination that perpetuates systemic disadvantage

Reporting Procedures

1. Any person who experiences or witnesses discrimination or hate speech should report it through:
   • Our online reporting system
   • Email: report@afterthemarket.co.za
   • Customer support channels
   • Direct supervisor (for employees)
2. All reports will be handled in accordance with South African law:
   • Treated confidentially per the Protection of Personal Information Act (POPIA)
   • Investigated promptly
   • Documented appropriately
   • Addressed with appropriate action

Enforcement

Investigation Process

Investigations will be conducted in compliance with South African law:

• All reports will be investigated thoroughly and impartially
• Evidence will be collected and preserved in accordance with legal requirements
• Parties will have the right to be heard
• Findings will be documented and maintained securely per POPIA requirements

Consequences

Violations of this policy may result in:

• Content removal
• Account suspension or termination
• Disciplinary action (for employees) in accordance with labour law
• Referral to the Equality Court or other appropriate legal authorities
• Civil or criminal proceedings where applicable

Prevention and Education

AfterTheMarket commits to:

• Providing regular training on anti-discrimination and equality
• Promoting transformation and diversity
• Maintaining clear communication channels
• Regular policy review and updates
• Supporting affected individuals and communities
• Contributing to the achievement of equality in South Africa

Protection Against Retaliation

In accordance with South African whistleblower protection laws:

• No person may be retaliated against for reporting discrimination
• Protection extends to those participating in investigations
• Witnesses and complainants are protected from victimization
• All forms of reprisal are prohibited

Legal Compliance and Remedies

This policy acknowledges:

• The right to equality under Section 9 of the Constitution
• The jurisdiction of Equality Courts
• The role of the South African Human Rights Commission
• Available legal remedies under PEPUDA and related legislation

Policy Review and Updates

This policy will be:

• Reviewed annually
• Updated to reflect changes in South African law
• Communicated in multiple official languages as needed
• Made available in accessible formats

Contact Information

For questions or concerns:

• Policy Administrator: admin@afterthemarket.co.za
• Human Resources: hr@afterthemarket.co.za
• Legal Department: legal@afterthemarket.co.za

Additional external resources:

• South African Human Rights Commission
• Commission for Gender Equality
• Equality Courts

Acknowledgment

All users and employees must acknowledge they have read, understood, and agree to comply with this policy. Continued use of AfterTheMarket's services constitutes acceptance of this policy.