What constitutes sexual harassment according to the Dept of Labour

National employment equity director at the Department of Labour, Ntsoaki Mamashela, says employers have an obligation to have a sexual harassment policy in place and protect employees who confide in them after being victimised.

Mamashela says in cases where employers do not act, the victim has every right to report his or her matter with the CCMA.

If it's your immediate supervisor, you can't report to the same perpetrator, you go to the person higher, any executive available or union representative. You can also go to a colleague.

Ntsoaki Mamashela, national employment equity director at Department of Labour

Xolani Gwala sought to find out what constitutes sexual harassment after a caller shared how she is currently being victimised by her employers for reporting sexual harassment.

In the Code of Good Practice on Sexual Harassment that we released in August 2005, it states clearly that even a single incident of unwelcome sexual conduct constitutes sexual harassment.

Ntsoaki Mamashela, national employment equity director at Department of Labour

The conduct can be verbal or non-verbal.

Ntsoaki Mamashela, national employment equity director at Department of Labour

It can be physical in terms of touching or sending someone pornographic graphics.

Ntsoaki Mamashela, national employment equity director at Department of Labour

Non-verbal conduct includes unwelcome gestures, exposure or display or sending of electronic sexual explicit photographs.

Ntsoaki Mamashela, national employment equity director at Department of Labour

Listen to the audio below for more information...


702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
3 commitments companies must make to curb sexual harassment

3 commitments companies must make to curb sexual harassment

Associate professor at Wits Law Bonita Meyersfeld advocates for a zero tolerance policy on sexual harassment in the workplace.

Emotional caller recalls workplace sexual harassment

Emotional caller recalls workplace sexual harassment

This comes in the wake of Wits Professor Mtendeweka Mhango dismissal for sexual harassment.

Wits fires professor found guilty of sexual harassment - but have not named him

Wits fires professor found guilty of sexual harassment - but have not named him

Three women who were sexually harassed say the university is protecting the professor by not naming him.

Panel's findings due on professor's sexual harassment case

Panel's findings due on professor's sexual harassment case

EWN reporter, Thando Kubheka says the independent panel will be handing over its findings today to Wits VC Adam Habib.

Student activist Simamukele Dlakavu tells her rape story

Student activist Simamukele Dlakavu tells her rape story

Women and health issues have been top of the news agenda this year. EWN reporter Masego Rahlaga looks back at key investigations.

Why do women stay with sexual predators? Insights into 'sex offender couples'

Why do women stay with sexual predators? Insights into 'sex offender couples'

Clinical sexologist Dr. Eve has a difficult but important talk about having a relationship with a partner who assaulted others.

Abusers, rapists face little or no consequences - Tears Foundation

Abusers, rapists face little or no consequences - Tears Foundation

The 16 Days of Activism for No Violence Against Women and Children starts on 25th of November 2016 and ends on 10th December 2016.

Do you check your child’s textbook regularly?

Do you check your child’s textbook regularly?

Elijah Mhlanga, spokesperson of the Department of Basic Education, has condemned the LO textbook justifying rape.

Gender Commission: School textbook promoting rape culture a setback for equality

Gender Commission: School textbook promoting rape culture a setback for equality

There's been outrage online over a Life Orientation textbook for high school learners, which teaches the wrong lessons about rape.

'We should talk about violence against women every day'

'We should talk about violence against women every day'

Gugs Mhlungu spoke to Embrace Dignity co-founder Nozizwe Madlala-Routledge about the oppressive practices in society which continue the scourge of rape and sexual abuse.

Opinion: Social unity as a weapon to tackle rape scourge

Opinion: Social unity as a weapon to tackle rape scourge

Sinikiwe Mqadi says SA’s culture of rape and near total impunity reflects a terrible division in society.

If you call women 'side chick, bitch and hoe', you're reinforcing rape culture

If you call women 'side chick, bitch and hoe', you're reinforcing rape culture

Offensive language plays a role in how society internalises and 'accepts' violent behaviour, like rape, towards women.

The complexities of domestic violence in South Africa

The complexities of domestic violence in South Africa

Africa Melane talks to People Opposing Women Abuse (Powa) about the prevalence and problem with domestic violence in South Africa.

#16DaysOfActivism: moving beyond campaigning and into action

#16DaysOfActivism: moving beyond campaigning and into action

Various NGOs carried conversations with Redi Tlhabi on how to go about the protection of women and children beyond these 16 days.

Popular articles
South Africans Doing Great Things |  Nkosinathi Nkomo

South Africans Doing Great Things | Nkosinathi Nkomo

Wasanga speaks to Co-founder of AquaRenu, Nkosinathi Nkomo about turning a problem into an opportunity.

Dr Mbuyiseni Ndlozi opens up about his thesis

Dr Mbuyiseni Ndlozi opens up about his thesis

Ndlozi explains the significance of the the first chapter of his thesis: 'Trauma in the archives'.

German prosecutors probing Steinhoff CEO Markus Jooste (for accounting fraud)

German prosecutors probing Steinhoff CEO Markus Jooste (for accounting fraud)

The Money Show’s Bruce Whitfield interviews Steinhoff International Chairperson Christo Wiese.

Is it normal to have a curved penis? Dr Shingai explains

Is it normal to have a curved penis? Dr Shingai explains

Urologist Dr Shingai Mutambirwa says penile curvature is only a concern if it impedes a man's ability to have penetrative sex.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

Meet Shoprite’s Christo Wiese, ruler of retail (and 3rd richest African)

Meet Shoprite’s Christo Wiese, ruler of retail (and 3rd richest African)

Bruce Whitfield interviews the remarkable Wiese (net worth R100 billion!) about how it all began and where it’s going.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?