Best Sexual Harassment Lawyers in South Africa

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JMD ATTORNEYS
Johannesburg, South Africa

Founded in 2012
10 people in their team
Afrikaans
English
How we WorkJM De Villiers Attorney is a dynamic firm specialising in commercial law and criminal law with a track record of delivering practical solutions to the legal challenges that all our clientele face.We have an extended network of professionals that we work closely with, giving us access to...
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Shepstone & Wylie Attorneys
Richards Bay, South Africa

English
Established in 1892, Shepstone & Wylie Attorneys is a distinguished South African law firm renowned for its integrity and excellence. With a team of over 60 lawyers, the firm operates from offices in Durban, Johannesburg, Cape Town, Pietermaritzburg, and Richards Bay, offering comprehensive legal...
Johannesburg, South Africa

Founded in 1989
English
Established in 1989, Tate, Nolan & Knight Inc. is a dynamic, medium-sized law firm with offices in Durban North and Pietermaritzburg, South Africa. The firm comprises a team of 12 professionals supported by 27 staff members, all dedicated to delivering specialized legal services across...
Majiedt Swart Inc
Kimberley, South Africa

Founded in 2021
50 people in their team
Afrikaans
English
We are ready to go the extra mile in order to assist in a fast, professional and efficient mannerMajiedt Swart Inc is a young, modern, and dynamic law firm, established in August 2021, by our directors, Swetlana Majiedt and Joan-Louise Swart.Our vision is to be service-oriented and to provide our...
Raymond McCreath Inc Attorneys Law firm
Cape Town, South Africa

Founded in 1999
English
Established in 1999 by directors Franklyn Heinrich Lincoln Raymond and Robert William McCreath, Raymond McCreath Inc is a distinguished law firm based in Somerset West, South Africa. The firm offers a comprehensive range of legal services, including environmental and constitutional law,...
André Kirsten Lawyer
Cape Town, South Africa

Founded in 2016
50 people in their team
Afrikaans
English
I am an attorney specializing in Criminal Law, and here is some background on me:,I obtained my legal degree at the University of the Free State in 1996 and proceeded to complete articles in the Northern Cape in 1997.Being employed at the NPA as a prosecutor in 1998, I was serving both the district...
SchoemanLaw Inc
Cape Town, South Africa

Founded in 2007
50 people in their team
Afrikaans
English
We believe that it is important that our solutions are practical, lawful and make good business sense. For this reason we also offer various training, content management and implementation options, regardless of the industry or size of the business involved.We work on behalf of a wide range of...
SWVG Inc
Johannesburg, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
SWVG Inc.Swartz Weil Van Der Merwe Greenberg Inc. Attorneys was formed in August 2017, following the dissolution of Phillip Silver Swartz Inc.SWVG Inc. is a unique law firm offering a basket of legal services, with all of its professionals being passionate about the law, focused on what they do and...
SD Law
Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
Dube Attorneys Inc
Johannesburg, South Africa

English
Dube Attorneys Inc., based in Mbombela, Mpumalanga, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's practice areas encompass criminal litigation, commercial litigation, civil litigation, labour law, administration of deceased estates,...
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About Sexual Harassment Law in South Africa

Sexual harassment is recognized as a serious issue in South Africa and is addressed through various legal frameworks. The South African Constitution guarantees the right to equality, human dignity, and privacy, which form the foundation of laws combating sexual harassment. The Employment Equity Act and the Protection from Harassment Act are pivotal in providing protection against sexual harassment in workplaces and broader societal contexts. These laws aim to create safe environments and outline processes for reporting and addressing incidents of harassment.

Why You May Need a Lawyer

There are several situations where seeking legal advice in the context of sexual harassment may be essential:

  • Workplace Incidents: If you've experienced sexual harassment at work, an attorney can guide you through filing a complaint and seeking justice.
  • Legal Proceedings: In cases where you are taking action against the perpetrator or responding to allegations, professional legal guidance is crucial.
  • Negotiation Settlements: Lawyers can assist in negotiating settlements or mediations between parties involved.
  • Understanding Rights: An attorney can clarify your rights under South African law and how they apply to your situation.
  • Support Services: Legal professionals can also help connect you to support services, including counseling and victim support services.

Local Laws Overview

South African law provides a comprehensive framework for dealing with sexual harassment:

  • The Employment Equity Act requires employers to take steps to prevent sexual harassment and to treat all harassment allegations seriously, ensuring fair process and potential remedies for victims.
  • The Protection from Harassment Act offers protection beyond the workplace, providing a mechanism for victims to seek Protection Orders against perpetrators.
  • The Labour Relations Act addresses unfair dismissals and discrimination, offering additional protections to those harassed in employment contexts.
  • The Criminal Law (Sexual Offences and Related Matters) Amendment Act criminalizes various acts of sexual violence and provides avenues for prosecution.

Frequently Asked Questions

What constitutes sexual harassment in South Africa?

Sexual harassment includes unwelcome conduct of a sexual nature that violates a person's dignity or creates a hostile environment. This can be physical, verbal, or non-verbal behavior.

Can men be victims of sexual harassment?

Yes, anyone can be a victim of sexual harassment, regardless of their gender.

What should I do if I experience sexual harassment at work?

You should report the incident to your human resources department or a trusted supervisor. Keeping a record of incidents is also advised. You may also seek legal advice to explore further action.

How can I file a complaint under the Employment Equity Act?

Complaints can initially be raised internally within the organization. If unresolved, you can file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or the Labour Court.

What does a Protection Order do?

A Protection Order is a legal order issued to prevent the perpetrator from engaging in further harassment. Violating a Protection Order can result in criminal charges.

Is there a time limit to report sexual harassment?

While there is no set time limit under all circumstances, it's generally advised to report incidents as soon as possible to ensure a more efficient resolution process.

Can I remain anonymous when filing a complaint?

While official legal processes require identifying information to proceed, some organizations may have mechanisms in place for anonymous reporting or offer confidential support services.

How are false allegations of sexual harassment handled?

False allegations are treated seriously, and individuals found to have made malicious claims may face disciplinary or legal consequences.

Will pursuing legal action be expensive?

Costs vary based on the complexity of the case and legal representation. Some organizations or legal aid services offer assistance at reduced costs or for free in certain cases.

What if my employer ignores my harassment complaint?

If your employer fails to act, you can seek external intervention, such as approaching the CCMA, Labour Court, or consulting with a lawyer to discuss further legal actions.

Additional Resources

Several resources and organizations provide support related to sexual harassment in South Africa:

  • South African Human Rights Commission (SAHRC): Offers information and assistance in cases of human rights violations.
  • Commission for Conciliation, Mediation, and Arbitration (CCMA): Helps resolve workplace disputes including harassment claims.
  • Legal Aid South Africa: Provides legal assistance to those who cannot afford it.
  • Women’s Legal Centre: Specializes in accessing legal rights for women and might assist in harassment cases.
  • Sexual Offences and Community Affairs (SOCA) Unit: Part of the National Prosecuting Authority, it focuses on sexual offences.

Next Steps

If you or someone you know needs legal assistance regarding sexual harassment in South Africa, consider these steps:

  1. Document the Incident: Record details of the harassment including dates, times, places, participants, and potential witnesses.
  2. Seek Support: Contact friends, family, or support groups to help deal with the emotional aftermath of harassment.
  3. Consult a Professional: Reach out to a lawyer specializing in sexual harassment to understand your rights and the best course of action.
  4. File a Formal Complaint: If applicable, file a complaint through your workplace channels or seek a Protection Order.
  5. Review Available Resources: Utilize resources provided by government bodies or non-governmental organizations for additional support and guidance.

Remember, you are not alone, and there are systems and professionals who can offer support and ensure justice is pursued.

Lawzana helps you find the best lawyers and law firms in South Africa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Sexual Harassment, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in South Africa - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.