An Assessment of the Legal Framework Pertaining to Sexual Harassment in the Workplace in Botswana

Abstract

This is a review of the law protecting employees against sexual harassment at the workplace in Botswana.  It is noted that only public servants are assured of some protection under the Public Service Act of 1998.  Employees in the private sector, not covered by this Act, are not directly protected under any other employment-related statutes.  This notwithstanding, sexual harassment at a workplace could conceivably be an infringement of an employee’s human rights, guaranteed under sections 3 and 15  and section 7 of the Botswana constitution.  Sections 3 and 15 entitle every individual to protection against discrimination, and section 7 assures everyone of protection from inhuman and degrading treatment.  If human rights under the Botswana Constitution, as under the South African Constitution, must be observed by both public and private entities, there would be considerable scope for protection of employees in the private sector against sexual harassment at the work place through constitutional litigation.  It is contended, however, that there is a need to enhance protection of workers at all workplaces against sexual harassment through the inclusion of sexual harassment provisions in the Employment Act.