Exploring the Possibilities of Advancing Justice in South Africa for Sexually Violated Visually Impaired Employees through Allowing Testimony Based on Identity Through Smell in Disciplinary Cases

Sexual harassment in the workplace can have a significant impact on employees who are visually impaired. Legal shortcomings regarding the identification of perpetrators hinder survivors' willingness and ability to report such incidents. Many are discouraged from coming forward because they are questioned about whether they visually recognise the offender. These challenges, rooted in the South African Criminal Procedure Act 51 of 1977 (the CPA) and reinforced through judicial interpretation, often prevent cases involving visually impaired individuals from being heard. This paper, through desktop research, explores how justice for visually impaired employees who have experienced sexual harassment might be promoted by recognising identification through human smell as valid testimony in disciplinary proceedings. It uses examples from labour law cases to highlight that disciplinary hearings differ from criminal trials in their standard of proof. It shows that the disciplinary hearing process relies on the balance of probabilities rather than proof beyond a reasonable doubt. The article argues that this lower threshold reduces the likelihood of harsh and often invasive cross-examination of victims. The paper argues further that the use of the standard on a balance of probabilities benefits visually impaired individuals by allowing them to take a stand and testify without undue prejudice. The in-person testimony of the visually impaired employees also strengthens the credibility of human-based smell identification, countering common criticisms associated with scent evidence from sniffer dogs. As a result, olfactory identification by visually impaired employees could help deliver justice in cases involving familiar workplace perpetrators of sexual harassment.

Authors

Institutions

Publication Details

Journal
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Published
2026-10-30
DOI
https://doi.org/10.17159/1727-3781/2026/v29i0a24052
Primary Topic
Legal processes and jurisprudence
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Exploring the Possibilities of Advancing Justice in South Africa for Sexually Violated Visually Impaired Employees through Allowing Testimony Based on Identity Through Smell in Disciplinary Cases

’Mampolokeng ’Mathuso Mary-Elizabeth Monyakane
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Legal processes and jurisprudence
article

Exploring the Possibilities of Advancing Justice in South Africa for Sexually Violated Visually Impaired Employees through Allowing Testimony Based on Identity Through Smell in Disciplinary Cases

’Mampolokeng ’Mathuso Mary-Elizabeth Monyakane
article en

Abstract

Sexual harassment in the workplace can have a significant impact on employees who are visually impaired. Legal shortcomings regarding the identification of perpetrators hinder survivors' willingness and ability to report such incidents. Many are discouraged from coming forward because they are questioned about whether they visually recognise the offender. These challenges, rooted in the South African Criminal Procedure Act 51 of 1977 (the CPA) and reinforced through judicial interpretation, often prevent cases involving visually impaired individuals from being heard. This paper, through desktop research, explores how justice for visually impaired employees who have experienced sexual harassment might be promoted by recognising identification through human smell as valid testimony in disciplinary proceedings. It uses examples from labour law cases to highlight that disciplinary hearings differ from criminal trials in their standard of proof. It shows that the disciplinary hearing process relies on the balance of probabilities rather than proof beyond a reasonable doubt. The article argues that this lower threshold reduces the likelihood of harsh and often invasive cross-examination of victims. The paper argues further that the use of the standard on a balance of probabilities benefits visually impaired individuals by allowing them to take a stand and testify without undue prejudice. The in-person testimony of the visually impaired employees also strengthens the credibility of human-based smell identification, countering common criticisms associated with scent evidence from sniffer dogs. As a result, olfactory identification by visually impaired employees could help deliver justice in cases involving familiar workplace perpetrators of sexual harassment.

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese RegsbladVol. 29
University of South Africa (ZA)
Peace, justice, and strong institutions, Reduced inequalities, Decent work and economic growth
Openalex Percentile: Top 3%
Legal processes and jurisprudence
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon