Sexual harassment and vicarious liability: a warning to political parties
Date
2008-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law Publishing
Abstract
INSTRODUCTION: The allegations that the former ANC chief whip, Mbulelo Goniwe, sexually
harassed an administrative assistant working in that party’s parliamentary
office has brought to light the immense power the special relationship between
a political party and its chief whip bestows upon the latter. Of specific interest
is the consideration that, under certain circumstances, the nature of this
relationship can result in vicarious liability for the political party if its chief
whip’s abuse of political power results in harm to a third party.
This article investigates whether a broader application of the doctrine of
vicarious liability can accommodate the special relationship which exists
between a political party and its chief whip. Such an investigation, although controversial, is warranted in the light of the constitutional values and accompanying
rights of human dignity, equality and freedom, which are violated by
acts of sexual harassment. As Grogan indicated: “harassment cases are not
like the run of the mill vicarious liability cases.”
Description
CITATION: Loots, B.E. 2008. Sexual harassment and vicarious liability : a warning to political parties. Stellenbosch Law Review = Stellenbosch Regstydskrif 19(1):143-169.
The original publication is available at https://journals.co.za/content/journal/ju_slr
The original publication is available at https://journals.co.za/content/journal/ju_slr
Keywords
Sexual harassment, Vicarious liability, Misconduct in office, Political parties -- Employees -- Conduct of life
Citation
Loots, B.E. 2008. Sexual harassment and vicarious liability: A warning to political parties. Stellenbosch Law Review = Stellenbosch Regstydskrif 19(1):143-169.