Many employees suffer in silence due to the toxic behavior of colleagues or managers who constantly humiliate, isolate, or intimidate them. They mistakenly believe that such behavior is an inherent part of corporate culture, and when they complain, they are often advised to 'be stronger' or adapt to the 'high-pressure environment.'
In South Africa, workplace bullying is no longer solely an HR matter and can constitute a serious legal violation. South African labor legislation places a clear obligation on employers to protect employees from harassment in the workplace.
In 2022, South Africa introduced the Code of Good Practice on Preventing and Addressing Workplace Harassment. This Code, issued in accordance with the Employment Equity Act (EEA), recognizes bullying as a form of harassment that can qualify as unfair discrimination.
The Code defines harassment as unwelcome conduct that violates a person's dignity or creates a hostile, intimidating, or offensive working environment. Bullying is not limited to physical acts and can take many forms.
Tactics can be both overt and subtle. The Code identifies several types of workplace harassment.
This includes constant shouting, verbal abuse, public humiliation, and aggressive threats.
Examples include deliberately excluding someone from work events, spreading malicious rumors, professional isolation, or withholding information necessary for an employee to perform their duties.
Furthermore, harassment can occur through digital platforms such as email, WhatsApp, Microsoft Teams, Zoom, and other online communication tools.
An employer cannot simply dismiss workplace bullying as a 'personality conflict.' Section 60 of the Employment Equity Act requires employers to take reasonable steps to prevent and address workplace harassment.
If an employee reports bullying and the employer fails to take appropriate action—such as failing to conduct a proper investigation or initiate disciplinary proceedings when necessary—the employer may bear indirect liability. This means the employer may be ordered to compensate the employee for the failure to provide a safe working environment.
If you are experiencing workplace bullying, you should avoid resigning in a fit of emotion and instead consider the following steps.
It is necessary to keep a detailed record of every incident, noting the date, time, location, what was said or done, and the names of witnesses. Where possible, save copies of relevant emails, messages, or other supporting materials.
You should follow your employer's internal complaint procedures and submit a formal written grievance. This will create a documentary trail confirming that you notified the employer of the issue and gave them an opportunity to resolve it.
Pursuing a case of unfair discrimination or workplace harassment can be emotionally and stressful. Seeking legal counsel at an early stage can help you understand your rights and available options.
On July 18, citizens in South Africa will once again observe Mandela Day, remembering not only the global figure but also the lawyer who believed that the law should serve the underprivileged, marginalized, and forgotten segments of the population. Although Mandela Day is often associated with food parcel drives, school visits, and clean-up campaigns, beneath this veneer of service lies a deeper question: is the country truly upholding his vision of equality and dignity for all?
One of the most evident ways to answer this question is by focusing on socio-economic rights. These include rights to housing, healthcare, and social security. These rights are viewed not as luxuries, but as daily components of life lived with self-respect.
The history of human rights in South Africa is a long, painful, and unfinished process. For centuries, the law was used not to protect people, but to control them. Colonial expansion dispossessed communities of their land, and apartheid legislation entrenched racial segregation, restricted movement, and deprived Black citizens of basic freedoms. The Sharpeville massacre in 1960 exposed the brutality of a system that considered the lives of Black people expendable.
In that era, the concept of human rights in its modern sense was absent from the legal order. Nevertheless, lawyers began to resist, refusing to accept the established situation. They defended political prisoners, challenged warrantless arrests, and used the courts, however limited they were, to expose injustice. This work was often dangerous and rarely recognized, yet it laid the groundwork for the idea that the law could be reclaimed, rather than feared.
By the late 1980s, legal activism had become a significant force. Public interest lawyers, along with Black legal associations and community justice movements, began speaking a common language focused on equality, accountability, and rights. When Mandela was released from prison in 1990, he was surrounded by lawyers who had supported him for decades. Their belief in the rule of law helped shape subsequent negotiations.
The democratic breakthrough of 1994 placed human rights at the center of South Africa's new constitutional structure. The Bill of Rights became the bedrock of the nation's democracy, ensuring the protection of civil and political liberties while recognizing socio-economic rights, including access to housing, healthcare, food, water, and social security. Few constitutions in the world achieve this level.
This step was a conscious choice based on the understanding that apartheid was not just a political but also an economic system that denied people the ability to live with dignity. Human rights lawyers played a crucial role in drafting this foundation. They advocated for a Constitution that would not merely prevent future abuses but actively redress past injustices. They also contributed to the creation of Chapter 9 institutions, including the South African Human Rights Commission, which is responsible for promoting and protecting human rights and fostering a culture of accountability.
The work of human rights lawyers did not end with the signing of the Constitution. In the following years, they translated constitutional promises into reality through strategic litigation. Landmark cases changed the trajectory of the country's development. Among these are the Grootboom judgment, which affirmed the right to housing; the treatment campaign case, which forced the government to provide antiretroviral treatment; and the Khoza case, which secured access to social grants for permanent residents. Each such ruling reinforced the principle that rights are enforceable, not merely symbolic.
In KwaZulu-Natal, this work took on particular urgency. Communities facing dysfunctional municipalities, unsafe water supplies, overcrowded clinics, and persistent inequality often relied on public interest lawyers to challenge illegal decisions and demand compliance with constitutional obligations. In many instances, the judicial process was the only effective tool to compel government action.
Human rights lawyers also play a vital role in preserving historical memory. The Truth and Reconciliation Commission relied on lawyers who helped victims tell their stories and seek justice. Today, as South Africa engages with international bodies, human rights lawyers continue to champion Mandela's insistence that dignity must be protected both domestically and internationally.
However, the mere existence of human rights lawyers does not guarantee a just society. They often work in under-resourced institutions, subject to political influence, or operate slowly. Court victories can be undermined by weak enforcement, while many communities continue to struggle to access legal aid. As many South Africans know well, rights mean little if they do not translate into food on the table, water from the tap, and safety on the streets.
This is why Mandela Day must be more than just a charity ritual. It must serve as a reminder that human rights are a daily practice, not an annual event. Mandela understood that dignity requires more than good intentions; it demands structural change. A food parcel can help for one day, but a functioning social security system provides lifelong protection. Cleaning a schoolyard has its value, but ensuring adequate sanitation and safe classrooms in every school is justice.
Mandela Day must also prompt us to ask more complex questions: Are our laws serving marginalized groups? Are our institutions protecting the vulnerable? Are we supporting the lawyers and activists standing between power and abuse? Are we strengthening oversight bodies that monitor the government?
If we can honestly answer these questions and act according to those answers, then Mandela Day will become more than just a moment of remembrance. It will become part of the long journey toward dignity that Mandela began alongside countless human rights lawyers.
South Africa's path in human rights remains far from complete. While the Constitution continues to embody a powerful promise, Mandela Day reminds us that fulfilling that promise requires more than 67 minutes. It requires a constant commitment to justice, accountability, and the conviction that the law must serve those who need it most.
For a significant number of South Africans, the most challenging part of the workday is not an overflowing inbox, demanding clients, or a long commute. Instead, the difficulty lies in maintaining outward composure while concealing an internal struggle with anxiety or depression.
Mental illness remains one of the least understood health problems in the country, especially in the work environment. Many employees fear judgment, viewing themselves as weak, unreliable, or incapable if they openly discuss their issues.
A study conducted by the South African Depression and Anxiety Group (SADAG) revealed the widespread prevalence of mental health issues in the workplace. According to their 2024 Work Life Survey, over half of surveyed employees reported having a mental health diagnosis. The most common diagnoses include depression, stress, generalized anxiety disorder, burnout, and trauma.
There are six common misconceptions that continue to surround anxiety and depression in the workplace. One of the biggest myths is that people suffering from anxiety or depression simply need to 'be stronger.' Mental health professionals emphasize that both conditions are recognized medical illnesses influenced by biological, psychological, and environmental factors. Just as one cannot be blamed for developing diabetes or high blood pressure, individuals with mental illnesses should not be blamed for their condition.
There is also the myth that people with mental illnesses cannot perform their jobs. However, many employees living with anxiety or depression continue to work daily at a high level. Although symptoms may affect concentration, energy levels, and decision-making during difficult periods, proper treatment, support, and understanding from the employer allow many people to build successful careers.
Research in South Africa has demonstrated that depression can negatively affect cognitive functions such as memory, concentration, and decision-making ability. Nevertheless, early intervention and a supportive work atmosphere can significantly mitigate this impact. A study published in the SA Journal of Industrial Psychology (SAJIP) indicated that 'stress, depression, and burnout together with other negative psychological states or experiences, such as anxiety, fatigue, and emotional exhaustion, can reduce quality of life, increase vulnerability to physical illnesses such as colds, high blood pressure, and heart problems, decrease optimal functioning, and hinder effective participation in daily duties.'
Another myth suggests that if someone is smiling, they cannot be struggling. Mental illness is often invisible. Colleagues may appear cheerful in meetings, laugh at office jokes, and meet deadlines while secretly experiencing panic attacks, suppressed sadness, or constant worry. Experts warn that many people become skilled at masking their symptoms due to the fear of stigma or discrimination.
SAJIP added that 'relying on optimal employee functioning, organizations inevitably suffer from their mental health problems.' It also noted that 'stress, burnout, and depression jeopardize the smooth operation of organizations because they tend to reduce employee concentration at work and lead to presenteeism—the practice of being physically present at work while being unable to perform tasks effectively.'
Many avoid conversations about mental health for fear of upsetting someone or worsening symptoms. In reality, compassionate conversations often help people feel less isolated. Simply asking a colleague if everything is okay, listening without judgment, and encouraging professional help can make a huge difference.
There is a common stereotype that people with anxiety or depression are unreliable employees, and this is what causes many workers to hide their condition. In fact, many continue to work despite severe emotional distress, often out of fear of losing their job or harming their career. Studies on workplace depression in South Africa highlight that stigma remains one of the main reasons why employees prefer not to disclose their condition to employers.
Although employers cannot control every aspect of an employee's mental health, the workplace culture plays a key role. Excessive workload, unrealistic deadlines, bullying, job instability, and lack of support can contribute to deteriorating mental well-being. Creating a psychologically safe work environment, providing employee assistance programs, and encouraging open discussions about mental health benefits both employees and organizations by improving well-being and productivity.
As discussions about mental health grow in South Africa, experts believe that replacing myths with facts is one of the most effective ways to reduce stigma. No one should have to choose between protecting their career and protecting their mental health. For thousands of South Africans, anxiety and depression are not character flaws or personal failures, but health conditions that deserve the same compassion, understanding, and support as any other illness. A workplace where employees feel safe enough to seek help is not only healthier but also stronger, more productive, and more humane.
