Legal updates and opinions
News / News
The Protection from Harassment Act 17 of 2011
The Act provides simple procedures and remedies in addition to those available to employees in terms of other legislation (such as the LRA, Employment Equity Act 55 of 1998, as amended, and Unfair Discrimination Act 4 of 2000, as amended). The Act applies to harassment of both sexual and non-sexual variants.
Non-sexual harassment is conduct which a person knows or ought to know causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person. This includes following, watching or accosting the complainant or a related person, or loitering near the place where the complainant resides or works. Other forms include unreasonably engaging in communication (which may be verbal or electronic such as email) aimed at the complainant or related person.
If the complainant and harasser are in the same workplace then the employer may incur vicarious liability and have to pay damages. If the complainant obtains a protection order then the employer may be obliged to take measures to ensure that the harasser is able to comply with the protection order. A protection order would be a ground for disciplinary action against the harasser if the action impacts on the employment relationship. If, for example, the employer’s email facilities were used to harass the complainant then the SAPS may request an employer to furnish information relating to emails and employees involved in the harassment. Failure to comply would be regarded as an offence on the part of the employer.
It is essential that employers establish mechanisms to prevent harassment (both non-sexual and sexual) in the workplace. This should include drawing up a harassment policy to inform employees of the serious consequences of breaching the Act.
Latest News
Agonists and APIs: High Court Injects Clarity into Compounding Debate
by Neil Kirby, Director and Head of Healthcare & Life Sciences and Slade van Rooyen, Associate The practice of compounding [...]
Minority shareholders and disposals of “controlling interests”: The limits of Section 11 of the MPRDA
by Chris Stevens, Director and Head of Mining & Resources, Kyra South, Director and Sandile Shongwe, Senior Associate Given that [...]
Constitutional subsidiarity: An important clarification
by Dakalo Singo, Director and Head of Pro Bono Constitutional subsidiarity is an important principle of South African law. While [...]
Franchisors Beware! The Competition Commission may come knocking soon
by Paul Coetser, Director and Head of Competition and Kwanele Diniso, Associate The franchising industry has long been a bone [...]
Mind the Conduct: A Guide to COFI – Part 6: COFI – What Really Changes?
by Hilah Laskov, Director Introduction In this article series, we take a deep dive into the South African Conduct of [...]
Remuneration governance under the amended Companies Act: A closer look at some of the key questions
by Kevin Trudgeon, Director and Helena Stoop, Senior Knowledge Lawyer 1. Introduction On 22 May 2026, a proclamation by President [...]
