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Good practice Imported

2022 Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace — South Africa

South Africa · Pretoria · See the South Africa profile · See the Pretoria profile

Evidence: Descriptive / self-reported Top 67% 52/100 · Ask Evidence Copilot about this practice

South Africa's 2022 Code widens workplace harassment protections under the Employment Equity Act, aligning with ILO Convention 190, ratified 2021. Enforcement runs via the CCMA, but legal analysis finds fragmented law, capped damages and inconsistent rulings.

10th
Global ranking to ratify ILO Convention 190 (2021)

Details

Maturity
Established
Promoter
Department of Employment and Labour (South Africa)
Period
2022–present
Keywords
labour law, employment equity, workplace safety, gender equality

Context

In March 2022 South Africa gazetted a new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, widening the 2005 sexual-harassment code and aligning with ILO Convention 190, ratified in 2021.

Activities

The Code removes the requirement to prove intent, covers single incidents and online harassment, and requires employers to run a harassment risk assessment, adopt a policy and provide training, enforced through the CCMA and Labour Court.

Results

South Africa was the 10th country worldwide and 4th in Africa to ratify ILO Convention 190.

Conclusions

Independent legal commentary documents persistent structural weaknesses: fragmented law, capped damages, inconsistent CCMA rulings, and no remedy against harassment by non-employees.

Implementation
Indicative cost
Low (< €50k)
Time to results
Short (< 1 year)
Staffing & skills
employer HR/compliance officers, CCMA commissioners

Conditions for success

  • clear evidentiary standards
  • adequately resourced CCMA enforcement

Common failure modes

  • fragmented legal routes across several statutes
  • capped compensation discourages claims

Commonly funded by

National / regional programmes

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Data sources

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