CARLESTON MABUNDA

218304870
MANAGEMENT AND ENTEPRENURIAL SKILLS
ASSIGNMENT
DUE DATE: 15 DECEMBER 2020

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Table of content
History of sexual harassment in South Africa ……………………………………………………..3

Definition of sexual harassment ………………………………………………………………………… 3

Forms of sexual harassment ………………………………………………………………………………..4

Sexual harassment in South African universities ………………………………………………… 4

Law in which the Government uses to curb sexual harassment …………………………. 5

Sexual harassment policy …………………………………………………………………………………….5

How can society prevent sexual harassment………………………………………………………..6

16 days of Activism against gender violence ……………………………………………………… 6

Conclusion ………………………………………………………………………………………………………….6

References ………………………………………………………………………………………………………… 7

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Sexual harassment
Sexual harassment is addressed in this assignment in terms of employment and women’s employment
status. This doesn’t mean that the workplace is the only place where women are sexually harassed or
only women are sexually harassed. However, since at present times, the overwhelming majority of
sexually harassed persons in South Africa led to be women with the perpetrators male.

Sexual harassment doesn’t affect all women equally. Research indicates that South African women are
divided by race, class, culture, urban and rural situation, education and language with black women
being the most likely victims of sexual harassment since historically they have occupied the lowest rung
of the working ladder and have experienced subordination as black women and as members of an
exploited working class.

In South Africa’s workplace, access by women to positions of power and authority remains skewed in
favor of men, with fewer women occupying managerial or senior positions. In this context sexual
harassment still continue to prevail, thriving of unequal power relations. Patriarchy and
heteronormativity remains unchallenged and the work place is where sexual harassment remains one of
the most hidden forms of abuse of power, the victims of whom are generally the most vulnerable and
mostly women, particularly and in the main black women.

Our country has a long way to go. People in positions of leadership and authority who had sexual
harassment allegations level against them, appeal to other powerful people to rally to their support.
They have manage to convince powerful people to believe that they could never be guilty of
transgressions these and that accusers are seeking to remove them from power because they have
become disgruntled. They may say that the accusers are unstable and aggressive or if they are white and
the accusers are black, the accusers are trying to cleanse the organization of white leadership.

The Amended Code of Good Practice defines sexual harassment as:

“Sexual harassment in the working environment is a form of unfair discrimination and is prohibited on
the grounds of sex and/or gender and/or sexual orientation”

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Forms of sexual harassment.
Sexual harassment may include unwelcome Physical, Verbal or Non Verbal conduct.

Unwelcome physical contact can range from offensive behavior to criminal acts. While some might
dismiss some of these sexual harassment .It should be stressed that all these behaviors are
inappropriate in the working place. Some examples of unwelcome physical contact that might be
considered sexual harassment are:

 Touching that is inappropriate in the workplace or classroom such as patting, pinching or

brushing up against the body
 Giving a massage around the neck or shoulders
 Attempted or actual kissing or fondling

Verbal Conduct

Some types of verbal behavior that might constitute sexual harassment are

 Offensive are persistent risque’ jokes or jesting and kidding about sex or gender specific traits.
 Sexual slurs, sexual innuendoes and other comments about a person’s clothing, body and/ or
sexual activities
 Suggestive or insulting sounds such as whistling, wolf calls or kissing sounds.

Gestures or Non Verbal behaviors that might be considered sexual harassment are:

 Licking lips or teeth , winking or throwing kisses

 Displaying sexuality suggestive pictures, calendars, posters, statues etc.
 Persistent and unwelcome flirting

Quid Pro Quo Sexual harassment

The term Quid Pro Quo translates to a favor or advantage granted in return for something

Quid pro quo sexual harassment occurs in the workplace when a manager or other authority figure
offers or merely hints that he or she will give the employee something (a raise or a promotion) in return
for that employee’s satisfaction of a sexual demand. This also occurs when a manager or other authority
figure says he or she will not fire or reprimand an employee in exchange for some type of sexual favor. A
job as a teller places his hand on her thigh. When she objects, he asks, ”Don’t you want this job?”. The
implication is that she must comply with the hiring manager’s advances in order to get hired.

Sexual harassment in South African Universities

Often university students and staff are coerced into performing sexual favors for male stuff in exchange
for higher marks or job security. A lecture in any South African Institution can sexually harass a student
and resign at that university and start a new job at another university. Many stuff accused of sexual
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harassment or assault often manage to land new jobs because many universities have no formal sexual
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harassment or violence protocols to follow. A national mechanism is needed, the absence if one allows
perpetrators to be recycled in the system because these no one keeping track.

Male lectures often use their positions of power to lure students into sleeping with them in exchange for
better marks. The most targeted once are the black women from lower socioeconomic backgrounds.
Generally Black women who are not permanent staff members need their contacts to be renewed, need
promotions or need to secure their jobs. Sexual harassment remains rife in South African campuses
because of culture steeped in patriarchy. Most cases go unreported because sexual harassment is so
normalized and victims are often not believed. South African universities have a long way to go in
combating gender-based violence. A functional protocol that supports victims in South African
universities is an essential first step to encouraging women to report their cases.

Laws in which the Government uses to curb sexual harassment.

Employment Equity Act, 1998 (Act 55 of 1998)

Amendments to the code of good practice on the handling of sexual harassment cases in the workplace.

The objective of this code is to eliminate sexual harassment in the workplace. This code provides
appropriate procedures to deal with sexual harassment and prevent its recurrence. This code
encourages and promotes the development and implementation of policies and procedures that will
lead to the creation of workplaces that are free of sexual harassment, where employers and employees
respect one another’s integrity and dignity, their privacy and their right to equity in the workplace.

According to the Employment Equity Act, sexual harassment is a form of unfair discrimination.

Sexual harassment in the working is a form of unfair discrimination and is prohibited on the grounds of
sex and/ or sexual orientation.

Employers should create and maintain a working environment in which dignity of employees is
respected. An environment in the workplace should established and maintained in which the complaints
of sexual harassment will not feel that their grievances are ignored or trivialized or fear reprisals.

Sexual harassment policies

The contents of sexual harassment policies should be communicated effectively to all employees. The
sexual harassment policy should at least contain the following statements.

 Sexual harassment is a form of unfair discrimination on the basis of sex andior gender adior
sexual orientation which infringes the rights of the complaints and constitutes a barrier to
equality in the workplace.
 Complaints in sexual harassment matters have the right to follow the procedures in the policy
and appropriate action must be taken by the employer.

When a sexual harassment case has been brought to the attention of the employer, the employer
should consult all relevant parties, take the necessary steps to address the complaint in parties, take the
necessary steps to address the complaint in accordance with this code and the employer’s policy and
take the necessary steps to eliminate the sexual harassment.
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How a Trade union can address sexual harassment in the workplace.

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  Create a union culture that connects union values and behavior and welcomes women as equal
partners in the struggle for social and economic justice, by focusing on care union values –
dignity, respect, equality and decency, union create standards of behavior that both foster
collegial support and allow women to feel safe in the workplace.
 Make sure that the trade unions constitution and collectively bargained agreements contain
guarantees against sexual harassment and retaliation. Including such provisions in collective
bargaining agreements as a matter of course sends a clear message to employees that the union
is committed to fighting sexual harassment as a fundamental matter of union policy.

How can society prevent sexual harassment

The prevention of sexual harassment needs to begin in an early sate childhood and continue for life.
Teaching skills to prevent harassment starts with learning empathy for others, communication skills and
problem solving. Promoting healthy sexual behavior through sex education focused on respect for self
and others, communication and consent.

Programs that are made for men or boys can be initiated, such that they seek to engage to see sexual
harassment as more than a “women’s problem” and understand their role preventing violence. These
programs can be made to challenge traditional expectations of masculinity that accepts or even
promote, harassment. The words a men is not masculine enough have been associated with the
increasing rates of sexual harassment. It would be very essential to promote role models of non-violent
masculinity.

16 days of Activism Against Gender-Based Violence

16 days of Activism Against Gender-Based Violence is an international campaign to challenge violence
against women and girls. The campaign runs every year from 25 November, the International Day for
the elimination of violence against women, to 10 December, Human Rights Day.

Sexual violence is any sexual act that a person didn’t not to consent to. Sexual violence includes, rape,
sexual assault, groping, sexual harassment, unwanted sexual comments etc.

Conclusion
Create diverse, inclusive and respectful environments

South African institutions and South Africa’s work place and their leaders should take explicit steps to
achieve greater general and racial equity in hiring and promotions and thus improve the representation
of women at every level. Institutions should cater their training to specific population (these include
students/ trainees, staff, faculty and those in leadership) and should follow practices in designing
programs. Training should be viewed as the means of providing the skills needed by all in building a
positive organizational climate focused on safety and respect, and not simply as a method of ensuring
compliance with laws.

South African institutions need to develop and readily share-clear accessible and consistent policies on
sexual harassment and standards of behavior. They should include a range of clearly stated, appropriate
and escalating consequences for perpetrators found to have violated sexual harassment policy and/ or
law. The disciplinary actions taken should correspond to the severity and frequency of the harassment.
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Reference
Draper, A., 2020. South African Universities Are Facing A Crisis Of Sexual Assault Committed By Staff.
[online] The Tempest. Available at: <https://thetempest.co/2019/05/18/social-justice/women-sa-
universities-sexually-exploited/> [Accessed 11 December 2020]

Johnson, P., Widnall, S. and Benya, F., 2018. Sexual Harassment Of Women: Climate, Culture, And
Consequences In Academic Science, Engineering, And Medicine. Washington Dc: National Academies
Press, pp.180-292.

Gov.za. 2020. [online] Available at: <https://www.gov.za/sites/default/files/gcis_document/201409/a55-

980.pdf> [Accessed 8 December 2020].

Sigsworth, R., 2009. 'Anyone Can Be A Rapist'. Johannesburg: Centre for the Study of Violence and
Reconciliation.

Nikki, N., 2006, ‘The Sexual Harassment and Amended Code of Good Practice on Handling Sexual
Harassment in South Africa’: the Women’s Legal Centre

The Mail & Guardian. 2020. Sexual Violation: Education Institutions Need A Law Of Their Own - The Mail
& Guardian. [online] Available at: <https://mg.co.za/article/2018-09-07-00-sexual-violation-education-
institutions-need-a-law-of-their-own/> [Accessed 13 December 2020].

Ncsl.org. 2020. Sexual Harassment In The Workplace. [online] Available at:

<https://www.ncsl.org/research/labor-and-employment/sexual-harassment-in-the-workplace.aspx>
[Accessed 13 December 2020].

2008. Guidelines For The Prevention And Management Of Sexual Violence & Harassment In Public
Schools. Pretoria: Department of Education.

Section27.org.za. 2020. [online] Available at: <http://section27.org.za/wp-

content/uploads/2018/12/Sexual-Harassment-Policy-FINAL-Nov-2018.pdf> [Accessed 7 December 2020].

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