Sexual harassment case studies in south africa
“sexual harassment at south african universities is a major problem,” professor amanda gouws, political scientist and gender studies expert from stellenbosch university, told university world news. Factsheet: south africa’s 2014/15 assault and sexual crime statistics researched by institute for security studies this factsheet provides an overview of assault and sexual crime trends between 1 april 2014 and 31 march 2015 as recorded by the south african police service. It ranges from sexual harassment, touching and verbal degradation to rape and other forms of sexual violence the 1998 medical research council study on the rape of girls in south africa, recently published in the lancet report, claims that teachers commit a shocking 33% of incidents of rapes against children although cases reported to.
The department issued the guidelines for the prevention and management of sexual violence and harassment in 2008, which are designed to support schools and school communities in responding to cases of sexual harassment and sexual violence perpetuated against learners these guidelines have been widely distributed to schools. The south african supreme court of appeal and constitutional court have ruled that the employer is vicariously liable for sexual violence perpetrated by his employee on a co-employee or on a third party in the workplace or in what can be considered as an extension of the workplace. Power is at the core of feminist theories of sexual harassment, though it has rarely been measured directly in terms of workplace authority while popular characterizations portray male supervisors harassing female subordinates, power-threat theories suggest that women in authority may be more frequent targets.
Sexual harassment sexual harassment in the workplace is prohibited under the labour laws of south africa the code of good practice on the handling of sexual harassment cases in the workplace defines sexual harassment as “unwanted conduct of a sexual nature that violates the rights of an employee and constitutes a barrier to equity in the workplace. South africa is an example, contrary to claims in earlier studies of the developing world, that mobilization by women prior to a transition to democracy can lead to gains after the transition-- including improvements in constitutional mandates, party politics, and representation. The research study on workplace sexual harassment (2008) is aware’s first major report on the issue of sexual harassment the report is the result of sixteen months of research by aware’s sub-committee on. For the purpose of this study, the definition provided by the 2005 amended code of good practice on the handling of sexual harassment cases, which was issued in terms of the labour relations act no 66 of 1995 (south africa, 1995) is used as the definition of sexual harassment according to this code, sexual harassment is defined as follows. Provided by the commission for conciliation mediation and arbitration (ccma) 1 introduction (1) the objective of this code is to eliminate sexual harassment in the workplace(2) this code provides appropriate procedures to deal with the problem and prevent its recurrence.
Sexual harassment and violence in educational institutions is an abuse of power by teachers and lecturers and corrupts the education system but studies in schools in at least 15 countries in sub-saharan africa confirm not only that the sexual exploitation of female students by male teachers is widespread, but also that the latter appear to. Sexual harassment in the workplace: a case study of university ofkwazulu natal, south africa supervisor: prof thenjiwe meyiwa 2011 declaration submitted in partial fulfilment of the requirements for the degree of doctor of philosophy, in the graduate programme in gender studies, university ofkwazulu-natal, south africa i declare that. Workplace violence in the health sector country case studies brazil, bulgaria, lebanon, portugal, south africa, expression in physical assault, homicide, verbal abuse, bullying, sexual harassment and threat violence at work is often considered to be just a reflection of the more general and lebanon, portugal, south africa and thailand. Short dissertation), business administration, johannesburg, south africa, sexual harassment may take different forms according to britz (2007), several forms of sexual harassment exist. Followup study to determine the nature and extent of sexual harassment in the gov- ernment today, to examine the actions federal agencies have taken to address the prob- lem, and to look at the pertinent issues through the eyes of federal employees.
Sexual harassment case studies warning: these are real life examples and contain language and content which may offend these sexual harassment case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes. Makoti v jesuit refugee service south africa  zalcjhb 122 – non-renewal of fixed term contract for rejecting sexual advances is an automatically unfair dismissal / no employer liability for discrimination if harassment is not reported. In the labour appeal court of south africa, cape town reportable case no: ca 14/2014 summary: dismissal of employee for sexual harassment and unprofessional harassment in this case, it is common cause that the commissioner dealt with a. Sexual harassment at the workplace is, i would argue, an analogous problem it is blacks in the south at the turn of the century was another such instance of the use of violence a theme in the study of sexual harassment begins to emerge here the 19th century ideal of. Read these case studies and testimonials to learn how workplace answers has helped so many employers from a variety of industries implement the compliance training, policies, and procedures they needed with ease.
Sexual harassment case studies in south africa
Not all forms of sexual violence are defined as crimes in south africa much sexual harassment, for example, falls within the ambit of behaviour treated as misconduct and some cases of sexual victimisation 4 rape and other forms of sexual violence in south africa policy brief. Republic of south africa reportable of interest to other judges the labour court of south africa, cape town ms catherine markides, to botswana to survey an important factor in a sexual harassment case  but it must be borne in mind that these are arbitration proceedings –. Film and tv director khalo matabane has been accused of rape and sexual misconduct in the first high-profile case to emerge in south african media in the wake of the global #metoo movement at. Sexual harassment is the most heinous misconduct that plagues a workplace, not only is it demeaning to the victim, it undermines the dignity, integrity and self-worth of the employee harassed the harshness of the wrong is compounded when the victim suffers it at the hands of his/her supervisor.
South africa is a fossil hunters' paradise is generally perpetrated by a man and in many cases it is ongoing over an extended period the main forms of sexual harassment cited in the study. The government on friday said that 526 cases of sexual harassment of women at workplace were reported during 2014 in a written reply in lok sabha, women and child development minister maneka gandhi said that 57 cases were reported at office premises and 469 cases were registered at other places related to work during 2014. An analysis of workplace discrimination based on sexual orientation faculty of management and law, school of law, university of limpopo, south africa keywords discrimination sexual-orientation homophobia constitutional rights remedies discrimination on the basis of sexual orienta-tion is harassment or differential treatment based.
Case law and out-of-court settlements note: bullying is behind all forms of harassment, discrimination, prejudice, abuse, conflict and violence when the bullying has a focus (eg race or gender) it is expressed as (racial or sexual) harassment or discrimination. Advocate indrani lahiri, who deals with cases of sexual harassment at work places, says that women are often abused by those they work with or report to crimes are also committed within the four walls of a secure home by domestic servants, family friends or distant relatives.