Harassment in the workplace and beyond remains a pervasive issue that affects countless South Africans daily. However, many people are unaware of the robust legal framework that exists to protect them. Understanding your rights and the available remedies is crucial for creating safer environments and holding perpetrators accountable.
South Africa’s approach to harassment is deeply rooted in our Constitution, which establishes the fundamental principles of human dignity, equality, and human rights advancement. Section 9 of the Constitution guarantees that everyone is equal before the law and prohibits unfair discrimination on various grounds including race, gender, disability, sexual orientation, religion, and many others.
What many people don’t realize is that harassment could constitute a form of unfair discrimination. This connection is vital because it means that when someone experiences harassment, they’re not just dealing with inappropriate behavior – they’re experiencing a violation of their constitutional rights.
South Africa’s harassment laws operate through several interconnected pieces of legislation, each serving different contexts and relationships:
The Employment Equity Act (EEA) forms the backbone of workplace harassment protection. It explicitly states that harassment of an employee is a form of unfair discrimination and places proactive obligations on employers to intervene when harassment occurs. Employers who fail to act when they become aware of harassment can face vicarious liability – essentially stepping into the shoes of the perpetrator.
The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) extends protection beyond traditional employment relationships, covering interactions with contractors, clients, and in public spaces. This legislation ensures that harassment protection isn’t limited to the workplace.
The Protection from Harassment Act provides swift civil remedies through protection orders, which can be obtained from magistrates’ courts regardless of the relationship between the parties involved.
The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace provides a comprehensive definition that many find surprising in its breadth. Harassment includes any unwanted conduct that impairs dignity, creates a hostile working environment, or induces submission through actual or threatened adverse consequences – and it must be related to a prohibited ground of discrimination.
Importantly, harassment extends far beyond sexual harassment. It encompasses workplace bullying, psychological abuse, racial harassment, online harassment, and abuse based on social or ethnic origin or any other protected characteristic. A Labour Appeal Court case, Makulini versus Standard Bank, highlighted how even management styles can cross the line into workplace bullying when they create hostile environments through disrespectful and belittling behavior.
One of the most crucial aspects of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace is that it focuses on impact rather than intent. Employers are directed to apply an objective test: would a reasonable person in the complainant’s position have experienced the same impact from the conduct? This means that claiming “I didn’t mean it that way” is not a defense. What matters is how the behavior affected the complainant , viewed through the lens of what a reasonable person would experience.
This standard was reinforced in a February 2025 Labour Court case involving sexual harassment in the workplace. Despite the perpetrator’s claims that the relationship was consensual and his attempts to blame the complainant , the court focused on the unwanted nature of the conduct and its impact on the complainant’s dignity and wellbeing.
When harassment occurs, complainants have multiple avenues for redress, and the consequences for perpetrators and negligent employers can be severe. The progression typically moves from internal company procedures to external legal remedies:
Workplace procedures should begin with internal grievance processes, which is why comprehensive harassment policies are essential. Companies without proper policies not only fail their employees but also expose themselves to greater legal liability.
If internal processes fail, the matter could proceed to the Commission for Conciliation, Mediation and Arbitration (CCMA) , then potentially to the Labour Court, which can order compensation, reinstatement, and systemic changes to workplace policies.
For particularly severe cases, complainants can seek protection orders or pursue criminal charges where the conduct constitutes assault or other criminal offenses.
The most effective approach to harassment is prevention through comprehensive workplace policies and education. These policies must address all forms of harassment, not just sexual harassment, and should include clear definitions, reporting procedures, and consequences for violations.
Employers who invest in proper policies, training, and response procedures protect both their employees and themselves. Courts consider whether employers took all reasonably practical steps to prevent harassment when determining vicarious liability.
The recent updates to employment equity legislation and the increasing recognition of online harassment demonstrate that South African law continues to evolve to meet contemporary challenges. The loss of certificates of compliance for non-compliant employers and the potential exclusion from government contracts provide additional incentives for proper harassment prevention.
Understanding harassment law empowers individuals to recognize their rights and seek appropriate remedies. For employers, this knowledge is essential for creating respectful workplaces and avoiding legal liability. Most importantly, a comprehensive understanding of these laws contributes to building a society where everyone’s dignity is respected and protected.
Whether you’re an employee, employer, or simply someone who wants to understand your rights, remember that harassment is never acceptable, and South African law provides robust protection for those who experience it.
Harassment in the workplace and beyond remains a pervasive issue that affects countless South Africans daily. However, many people are unaware of the robust legal framework that exists to protect them. Understanding your rights and the available remedies is crucial for creating safer environments and holding perpetrators accountable.
South Africa’s approach to harassment is deeply rooted in our Constitution, which establishes the fundamental principles of human dignity, equality, and human rights advancement. Section 9 of the Constitution guarantees that everyone is equal before the law and prohibits unfair discrimination on various grounds including race, gender, disability, sexual orientation, religion, and many others.
What many people don’t realize is that harassment could constitute a form of unfair discrimination. This connection is vital because it means that when someone experiences harassment, they’re not just dealing with inappropriate behavior – they’re experiencing a violation of their constitutional rights.
South Africa’s harassment laws operate through several interconnected pieces of legislation, each serving different contexts and relationships:
The Employment Equity Act (EEA) forms the backbone of workplace harassment protection. It explicitly states that harassment of an employee is a form of unfair discrimination and places proactive obligations on employers to intervene when harassment occurs. Employers who fail to act when they become aware of harassment can face vicarious liability – essentially stepping into the shoes of the perpetrator.
The Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) extends protection beyond traditional employment relationships, covering interactions with contractors, clients, and in public spaces. This legislation ensures that harassment protection isn’t limited to the workplace.
The Protection from Harassment Act provides swift civil remedies through protection orders, which can be obtained from magistrates’ courts regardless of the relationship between the parties involved.
The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace provides a comprehensive definition that many find surprising in its breadth. Harassment includes any unwanted conduct that impairs dignity, creates a hostile working environment, or induces submission through actual or threatened adverse consequences – and it must be related to a prohibited ground of discrimination.
Importantly, harassment extends far beyond sexual harassment. It encompasses workplace bullying, psychological abuse, racial harassment, online harassment, and abuse based on social or ethnic origin or any other protected characteristic. A Labour Appeal Court case, Makulini versus Standard Bank, highlighted how even management styles can cross the line into workplace bullying when they create hostile environments through disrespectful and belittling behavior.
One of the most crucial aspects of the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace is that it focuses on impact rather than intent. Employers are directed to apply an objective test: would a reasonable person in the complainant’s position have experienced the same impact from the conduct? This means that claiming “I didn’t mean it that way” is not a defense. What matters is how the behavior affected the complainant , viewed through the lens of what a reasonable person would experience.
This standard was reinforced in a February 2025 Labour Court case involving sexual harassment in the workplace. Despite the perpetrator’s claims that the relationship was consensual and his attempts to blame the complainant , the court focused on the unwanted nature of the conduct and its impact on the complainant’s dignity and wellbeing.
When harassment occurs, complainants have multiple avenues for redress, and the consequences for perpetrators and negligent employers can be severe. The progression typically moves from internal company procedures to external legal remedies:
Workplace procedures should begin with internal grievance processes, which is why comprehensive harassment policies are essential. Companies without proper policies not only fail their employees but also expose themselves to greater legal liability.
If internal processes fail, the matter could proceed to the Commission for Conciliation, Mediation and Arbitration (CCMA) , then potentially to the Labour Court, which can order compensation, reinstatement, and systemic changes to workplace policies.
For particularly severe cases, complainants can seek protection orders or pursue criminal charges where the conduct constitutes assault or other criminal offenses.
The most effective approach to harassment is prevention through comprehensive workplace policies and education. These policies must address all forms of harassment, not just sexual harassment, and should include clear definitions, reporting procedures, and consequences for violations.
Employers who invest in proper policies, training, and response procedures protect both their employees and themselves. Courts consider whether employers took all reasonably practical steps to prevent harassment when determining vicarious liability.
The recent updates to employment equity legislation and the increasing recognition of online harassment demonstrate that South African law continues to evolve to meet contemporary challenges. The loss of certificates of compliance for non-compliant employers and the potential exclusion from government contracts provide additional incentives for proper harassment prevention.
Understanding harassment law empowers individuals to recognize their rights and seek appropriate remedies. For employers, this knowledge is essential for creating respectful workplaces and avoiding legal liability. Most importantly, a comprehensive understanding of these laws contributes to building a society where everyone’s dignity is respected and protected.
Whether you’re an employee, employer, or simply someone who wants to understand your rights, remember that harassment is never acceptable, and South African law provides robust protection for those who experience it.
