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Bullying, once viewed as a schoolyard problem, has evolved into a serious societal issue with profound legal implications in South Africa. As the country continues to address bullying in schools, workplaces, and online spaces, the legal system has implemented measures to curb this behaviour and hold perpetrators accountable.
It is crucial for both victims and perpetrators, as well as for parents, educators and employers, to understand
the legal consequences of bullying in South Africa.
In South Africa, bullying is defined as repeated and intentional behaviour that harms, intimidates, or dominates another person, especially when there is an imbalance of power.
Bullying takes many forms:
Physical Bullying: Assault, hitting, or forms of bodily harm.
Verbal Bullying: Insults, threats, name-calling, and verbal abuse.
Social Bullying: Spreading rumours, ostracizing, or damaging someone's social reputation.
Cyberbullying: Harassment, threats, or defamation conducted via digital platforms, social media, email, and messaging apps.
In South Africa, bullying is taken seriously in educational settings and workplaces, with legal frameworks designed
to protect victims and provide recourse for those affected.
Read our initial project for more context regarding bullying:
APPLICABLE LAWS:
While South African law does not have a single, comprehensive law against bullying, several existing legal provisions can be applied to deal with bullying incidents. These include laws under the Constitution, criminal law, civil law, and specific educational and workplace regulations.
The South African Constitution
The South African Constitution guarantees every citizen fundamental rights, including the right to human dignity, equality, and freedom from all forms of violence. Under the Bill of Rights, everyone is entitled to:
Section 10: The right to human dignity and to have it respected and protected.
Section 12: The right to freedom and security, including protection from violence, whether from public or private sources.
Section 28: The right to special protection for children, including the right to be protected from maltreatment, neglect, abuse, or degradation.
Bullying, in many cases, violates these constitutional rights, and victims can take legal action based on these protections.
Criminal Law
Several provisions under South Africa's criminal law can be applied to bullying incidents, especially when the bullying involves violence, threats, or harassment.
Bullying can lead to criminal charges, such as:
Assault: Physical bullying, where the perpetrator intentionally harms another person, can lead to charges of assault. This includes both direct physical attacks and threats of violence.
Crimen Injuria: This legal concept refers to the unlawful, intentional, and serious violation of someone's dignity. Bullying that involves insults, defamation, or emotional abuse may be classified under crimen injuria, which is a criminal offence in South Africa.
Harassment: South African law provides specific recourse for harassment through the Protection from Harassment Act of 2011. The Act offers legal protection against bullying, particularly cyberbullying, by allowing victims to apply for a protection order from the court. Harassment is broadly defined as any form of verbal, electronic, or written communication that causes emotional, psychological, or physical harm.
Defamation: If a bully spreads false information that damages the victim's reputation, the bully may face defamation charges. This can include verbal defamation (slander) and written defamation (libel).
Civil Law Remedies
Victims of bullying can also seek civil remedies, which typically involve claims for damages.
Civil cases are initiated when the victim seeks compensation for the harm they have suffered, either emotionally, psychologically, or physically. For example:
Defamation Claims: A person who has been the target of false rumours or slanderous statements can file a civil lawsuit for defamation. If successful, the victim may be awarded damages for the harm caused to their reputation.
Emotional Distress: Victims of bullying who suffer emotional or psychological harm may sue for damages. This is particularly relevant in cases of sustained bullying, where the victim has experienced mental trauma, anxiety, or depression.
The Protection from Harassment Act of 2011
The Protection from Harassment Act is one of the most significant pieces of legislation aimed at addressing bullying and harassment in South Africa.
This Act allows any victim of harassment—whether an adult or a child—to apply for a protection order against the perpetrator.
Protection Orders: A victim can approach the Magistrate's Court to request a protection order, which instructs the bully to stop the harassment. If the bully violates this order, they can be arrested and prosecuted.
Wide Definition of Harassment: The Act recognizes that harassment can take multiple forms, including verbal abuse, stalking, cyberbullying, and other forms of emotional manipulation.
Law Enforcement: The law empowers the police to investigate complaints and take necessary action against the perpetrator, including confiscating communication devices used in cyberbullying.
Educational Law
In the context of schools, the South African Schools Act of 1996 mandates that all schools must provide a safe learning environment for children.
Schools are legally required to address bullying, and failure to do so may result in liability for the school.
Code of Conduct: Every school is required to have a code of conduct that outlines unacceptable behaviour, including bullying, and the disciplinary measures that will be taken. School authorities must investigate bullying incidents and impose appropriate penalties, including suspension or expulsion of the perpetrator.
Child Protection: Schools also must protect children from harm under the Children's Act and the Protection of Children from Sexual Offenses Act. Any form of bullying that involves sexual harassment or abuse must be reported to the authorities, and failure to do so could result in legal consequences for the school and its staff.
Workplace Bullying and Employment Law
Bullying is not confined to children in schools.
Workplace bullying is a growing concern in South Africa, and several legal frameworks address bullying in the workplace.
The Employment Equity Act (EEA) prohibits unfair discrimination, including harassment, in the workplace. Victims of workplace bullying can lodge a grievance with their employer or file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA). Employers are required to take disciplinary action against employees found guilty of bullying, harassment, or victimization.
Occupational Health and Safety Act (OHSA): Employers have a legal duty to provide a safe working environment free from bullying and harassment. Workplace bullying that creates a hostile or unsafe work environment can be addressed under the OHSA, which mandates that employers protect their employees from physical and psychological harm.
Constructive Dismissal Claims: If a victim of workplace bullying feels that their working environment has become intolerable due to the bullying, they may resign and claim constructive dismissal, arguing that the employer failed to protect them from abuse.
CONSEQUENCES:
The legal consequences of bullying in South Africa are serious and can include:
Criminal Penalties: Depending on the nature of the bullying, perpetrators may face criminal charges such as assault, harassment, or crimen injuria. Convictions can result in fines, community service, or imprisonment.
Civil Damages: Bullies may be ordered to pay damages to their victims for emotional distress, defamation, or physical harm.
Disciplinary Action: In schools or workplaces, bullies may face suspension, expulsion, or termination of employment.
Protection Orders: Violating a court-issued protection order can lead to arrest and additional legal consequences.
The legal framework in South Africa provides multiple avenues for addressing bullying, whether in schools, online,
or in workplaces. The country seeks to protect victims through criminal, civil, and workplace laws and to ensure
that bullies are held accountable for their actions. Victims must know their rights, and communities must work together
to combat bullying, ensuring a safer and more inclusive society for all.
Many parents have sought Mr Bolhuis' personal assistance when concerned about their child being bullied.
With years of experience, Mr Bolhuis is well-equipped to handle the situation with professionalism and care,
addressing the needs of both the victim and the bully. It is critical to understand that the bully's situation
must also be considered in these cases.
Mr Bolhuis approaches each case with respect and expertise,
resolving matters effectively before the need for legal action arises.
Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Group.
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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
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