REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA harassment is addressed under the Employment of Educators Act, 1998322 and the South African Schools Act, 1996,323 both of which make sexual harassment a serious misconduct. 104. Our courts have also handed down various ground-breaking judgments on the issue of sexual harassment.324 105. In a bid to strengthen the protection of victims of harassment, the Protection from Harassment Act, 2011325 was passed in Parliament. The Act affords the victims of harassment an effective remedy against harassment. A victim of harassment can approach the magistrates' courts in terms of the Act to obtain a protection order against any person who is harassing them. A person who breaches a protection order may be criminally charged and, if found guilty, held liable to a fine or imprisonment. Harassment in this regard means directly or indirectly engaging in conduct that causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person by unreasonably—(a) following, watching, pursuing or accosting of the complainant or a related person, or loitering outside of or near the building or place where the complainant or a related person resides, works, carries on business, studies or happens to be; (b) engaging in verbal, electronic or any other communication aimed at the complainant or a related person, by any means, whether or not conversation ensues; or (c) sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects to the complainant or a related person or leaving it where it will be found by or given to, or brought to the attention of, the complainant or a related person. 106. The process for applying for a protection order is uncomplicated and inexpensive. The clerks of the court are obliged to explain the procedure to all applicants and are trained to assist applicants and guide them through the process. 322 Act No. 76 of 1998 Act No. 84 of 1996 324 In 2003, the Labour Court in Cape Town handed down its judgment in Ntsabo v Real Security CC (2004) 1 BLLR 58 (LC). In this case, the applicant was working for the respondent as a security officer. Her supervisor sexually harassed her on a regular basis. She reported the incidences to the supervisor on numerous occasions and the respondent did not take any action. The Court held that an employer is liable in damages for the sexual harassment of an employee if he fails to investigate allegations of such harassment. Similarly, in Grobler v Naspers BPK 2004 (4) SA 220 (C), it was held that where sexual harassment resulted in a tangible employment action such as employment, dismissal, failure to promote, change in working conditions or a material change in benefits for the person harassed, the employer was liable unless the employer could prove that reasonable care had been taken to prevent or stop sexual harassment and to deal with its impact. Thus, employers are under a duty to take reasonable measures to ensure that women in their employ are protected from sexual harassment. 325 Act No. 17 of 2011 323 165