Best Sexual Harassment Lawyers in South Africa

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JMD ATTORNEYS

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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Mukwani Attorneys

Mukwani Attorneys

Johannesburg, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsTrust us with your caseMukwani Attorneys is a law firm that provides services across a broad spectrum of subjectmatters. We strive to provide innovative and effective solutions no matter the complexity ofthe issue. We take pride in what we stand for Honesty, Integrity, Quality, Promptly...
André Kirsten Lawyer

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...
Conradie Inc Attorneys Worcester

Conradie Inc Attorneys Worcester

Worcester, South Africa

Founded in 1959
English
Established in 1959, Conradie Inc. Attorneys has been a cornerstone of the Worcester community for over six decades. The firm offers comprehensive legal services across various domains, including commercial law, agricultural law, property law, family law, and municipal law. Their team of seven...
Nkosana Moyo Attorney Inc

Nkosana Moyo Attorney Inc

1 hour Free Consultation
Johannesburg, South Africa

Founded in 2021
2 people in their team
English
About UsFounded in 2021 by Mr. Nkosana Moyo, Nkosana Moyo Attorney Inc. has rapidly established itself as a leading boutique law firm. Mr. Moyo brings a wealth of post-qualification experience from both inside and outside of legal practice, ensuring our clients receive expert guidance grounded in a...
Majiedt Swart Inc

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...
Sambo and Makgabutlane Attorneys

Sambo and Makgabutlane Attorneys

Pretoria, South Africa

English
Sambo and Makgabutlane Attorneys, based in Pretoria North, South Africa, is a dynamic law firm dedicated to delivering exceptional legal services. The firm specializes in various areas of law, including Family Law, Labour Law, Statutory and Regulatory Compliance, Commercial and Contract Law,...
Behr Prokureurs | Attorneys

Behr Prokureurs | Attorneys

Bredasdorp, South Africa

English
Behr Prokureurs | Attorneys is a boutique law firm situated in Bredasdorp, Western Cape, under the leadership of Robin Thomas Behr, an admitted attorney of the High Court of South Africa. The firm's strategic location near Cape Town and other Overberg towns enables it to offer clients urban legal...
Macgregor Erasmus Attorneys

Macgregor Erasmus Attorneys

Durban, South Africa

Founded in 2007
50 people in their team
English
Afrikaans
Macgregor Erasmus Attorneys Inc. is an innovative Law Firm that redefines the role that Lawyers ought to play by providing quick, pragmatic and robust legal solutions and representation which is bespoke to Multinational Corporations, Blue-chip companies, Large, Medium, Small, Micro-enterprises and...
Elaine Jordaan Attorneys

Elaine Jordaan Attorneys

Cape Town, South Africa

Founded in 2021
English
Elaine Jordaan Attorneys, based in Somerset West, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of its clients. The firm's practice areas encompass divorce and family law, civil litigation, debt collection, contracts, deceased estates and wills,...
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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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.