The legacy and protection of Women’s rights.

This month serves to commemorate the women’s march of 1956, where over 20 000 women of all races, ethnic and class backgrounds marched to the Union Buildings in Tshwane (previously known as Pretoria). Since then, there have been significant developments in promotion, upholding and protection of women’s rights.

In the past, the majority of women were not allowed or simply did not have access to the country’s economy as most roles they undertook were agricultural or domestic in nature. Such roles exposed them to ill treatment such as sexual harassment. Although vast improvements have been made to ensure equal treatment in the workplace, it remains an issue of concern.

One of the most significant changes in the new dispensation was the right to equality as envisioned in section 9 of the Constitution of the Republic of South Africa, 1996. The Constitution does not only promote equality, but also prohibits gender discrimination which at times is promoted by unequal gender power relations. As a result of the Constitution, it has become a progressive goal of legislature and the courts to ensure equal opportunities and rights for all genders in line with the human rights contained in the Constitution.

Different pieces of legislation, regulations and codes were enacted in support of women’s empowerment and gender equality which includes, but is not limited to: Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000, Maintenance Act, No. 99 of 1998, Employment Equity Act, No. 55 of 1998, Codes of Good Practice in terms of the Labour Relations Act, No.66 of 1995 and so on.

In the decision of the Labour Appeal Court in Ekurhuleni Metropolitan Municipality v South African Local Government Bargaining Council and Others (JA17/2021) [2022] ZALAC 3 (27 January 2022), the court examined the exercise of power and the unequal gender power relations that exist in society generally, and in workplaces in particular. The court reiterated that South Africa’s constitutional democracy is founded on the explicit values of human dignity and the achievement of equality in a non-racial, non-sexist society which operates under the rule of law.  In relation to sanction, the Appeal Court held that sanction serves an important purpose in disciplinary proceedings in that it;

“sends out an unequivocal message that employees who perpetrate sexual harassment do so at their peril and should more often than not expect to face the harshest penalty”.

Despite our Constitution’s protection of fundamental values of human dignity and equality, South African society, broadly, has failed to properly re-imagine gender power relations and women, in particular, continue to suffer unfair discrimination.

At Clark Laing we help employers as well as employees to deal with issues of unfair discrimination, and with the interpretation of the various statutes that protect women’s rights in the workplace.