Bill of Rights, South African Constitution, 1996
Overview: The Bill of Rights in South Africa is the roots on which our Parliament and legislation sits. Its goal is to maintain this foundation, that is built upon the ideals that all people in our country deserve dignity, equality, respect, safety and freedom.
How can it be used? While this legislation cannot be physically “used,” it is the foundation upon which any claims or reports of discrimination and abuse can be investigated. The Bill of Rights is important to know, as all other legislation in South Africa has to abide by the Constitution.
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
Overview: This Act sets out measures intended to promote equality and address social and economic inequality. It also includes measures to prevent unfair discrimination. The government cannot discriminate against you. Another person cannot discriminate against you, just as you cannot discriminate against another person. This applies to race, gender, sex, disability and many other grounds.
How can it be used? The Act establishes the Equality Court and gives you the right to take action, in an Equality Court. You can take action if you are being discriminated against on the basis of race, gender, sex or a variety of other demographics. Traditional, cultural or religious practices that undermine the dignity of women, limited access to land rights, unfair treatment because you are pregnant, and the lack of access to opportunities in the workplace due to sexual division of labour, all fall under “discrimination on the basis of gender”. You also have the right to take action against harassment or hate speech.
The South African Human Rights Commission Act, 2013
Overview: This law allows the South African Human Rights Commission (SAHRC) to function. It was established using the 1993 Constitution, and it is an independent structure whose job is to uphold and monitor human rights in South Africa. The commission can investigate and mediate cases where there has been a human rights violation. It will then release a report and make a recommendation on their findings.
How can it be used? The Human Rights Commission monitors and observes human rights issues in South Africa. You can approach the Human Rights Commission if you feel as though your human rights are being violated. It will investigate and if necessary mediate your case. The SAHRC has a website that has regional and national contact details for various members of the SAHRC. You can also lodge a complaint on their website.
The Commission for Gender Equality Act, 1996
Overview: This law became an independent institution whose goal is to “promote gender equality.” This body advises Parliament, as well as legislation that handles any laws or policies with a gender element, with the hopes of publishing legislature that promotes gender equality and helps to increase the status of women in South Africa. Like the SAHRC, this is an independent structure that pledges itself to the issues surrounding gender and gender inequality.
How can it be used? You can contact and engage with the CGE, and they are mandated to investigate any claims of abuse or discrimination, whether they receive a complaint or whether they identify any types of abuse themselves. You can contact them and lay a complaint through their website, via email or via phone. The website has downloadable forms as well that can be printed and filled out. While they are not a service provider, they can assist you in making a claim, laying a criminal charge and referring you to relevant bodies that can assist you with your complaint.
The Domestic Violence Act, 1996
Overview: This Act recognises the severe effects that domestic abuse and violence has on a person. It is based on your right to freedom and security over your person, in the Bill of Rights. This legislation provides very clear definitions about what it means to be in a ‘domestic relationship.’ The conditions include all domestic situations and apply to a variety of relationships between people. This legislation also acknowledges that abuse is not only and always physical, and also identifies abuse in emotional, psychological, verbal and economic situations.
How can it be used? It is with this legislation that you can apply for a protection order against an abuser. You can apply for a protection order through your local magistrate’s court as well as through a family court. Your application can also be accompanied by testimony via affidavit from people who are aware of your situation, but this is not compulsory. Under this legislation, the court can give you a protection order, which can keep your abuser away from you, stop them from contacting you, and provides clear instructions to law enforcement should someone break the conditions of the order.
The Protection from Harassment Act, 2011
Overview: In a similar way to the Domestic Violence Act, this Act allows you to seek a protection order that protects you from experiencing harassment and stalking behaviours. It is built out of the Bill of Rights, and your right to privacy and dignity.
How can it be used? You can apply for a protection order against someone who is harassing you or stalking you. This Act acknowledges that violent and abusive behaviour does not have to be physical and provides the necessary process for you to take action against someone who is violating your right to privacy and dignity.
Criminal Law (Sexual Offences and Related Matters) Act
Overview: This piece of legislation helps to determine exactly what is considered a sexual offence in the eyes of the law in South Africa. This law provides legal punishments and sentences for any sexual abuse or violence. There are a multitude of different kinds of assault, which are all explained in detail within this law. This Act has been amended by including instructions for members of the SAPS, Correctional Services, the Department of Health, and various other entities, on how to conduct interviews and how to treat victims of sexual abuse and violence.
How can it be used? If you are experiencing, or have experienced, a sexual offence and you lay a criminal charge against another person, it will be done through and under this piece of law. The amendments made to this Act gives you the right to question how your sexual assault case is handled by police, legal practitioners and others involved in the proceedings.
Employment Equity Act 55, 1998
Overview: GBV is a problem that effects multiple levels of our society, including our places of work. This Act places down the provisions that you may not be discriminated against by an employer or collogues in your place of work, on the basis of your gender. This legislation also prohibits workplace harassment. This law places a legal mandate on companies and employers to promote equality in the work place.
How can it be used? This piece of legislation is designed to protect you within an occupational setting. If you are experiencing abuse or discrimination in the workplace or in the process of applying to a new work place, this piece of legislation allows you to bring action against an employer or colleague. It promotes skills development for anyone who comes from a disadvantaged background, it established the Commission for Employment Equity (CEE) which mandates that employers promote equal opportunity and discard practices that are discriminatory. It removes any hurdles that hinder the promotion of women in the workplace. It obliges that employers need to minimise the wage gap between employees of differing genders and sexes.
Occupational Health and Safety Act, 1993
Overview: While this legislation covers everyone’s rights to a safe and healthy work space, there are specific gender elements that it takes into account. This Act helps to provide the foundation for health and safety policies that take into account specific health and safety risks related to gender. This Act holds accountable employers who do not set up committees and representatives of safety in their work spaces.
How can it be used? If you are worried about any practices in your place of work that can affect you, specifically based on your gender (such as risks to pregnancy or ability to reproduce etc.), you can report your concerns under this Act. An inspector will then assess your concern and hold any employer accountable if their practices do not take gender into consideration when establishing their health and safety protocols.
Labour Relations Act, 1995
Overview: This Act provides the rights and responsibilities for trade unions, the creation of workplace forums and encourages worker involvement in labour disputes and their resolutions, as well as unfair dismissals. This act also governs strike action. This may seem disconnected from gender-based violence, but this Act protects you from unfair dismissal or workplace discrimination based on gender and a variety of other demographics.
How can it be used? You can use this law to oppose damaging actions against you, for example if you believe that you have been unfairly dismissed or discriminated against in the workplace based on your gender, sex, sexual orientation or reproductive rights to your own body. Your case will be heard by the CCMA, which was established using the Labour Relations Act.