These WhatsApp messages, voice notes, and emojis can get you into big trouble in South Africa

WhatsApp has become a key tool for workplace communication in South Africa, but it can also lead to issues with your employer and even legal troubles.
Messages sent on WhatsApp—whether in professional groups or private conversations—have the potential to result in disciplinary action, dismissal, or even criminal charges if you break workplace rules or laws.
Wright Rose-Innes, a legal firm, has pointed out that dismissals stemming from WhatsApp messages depend on specific criteria.
Employers must prove that the employee violated a valid workplace rule, that the employee was aware of this rule, and that dismissal was an appropriate response to the infraction.
South African labour law protects employees from unfair treatment, but workers are still expected to be loyal and respectful to their employers.
Practical examples of inappropriate WhatsApp use highlight its potential to harm careers.
Examples of bad WhatsApp behaviour include making fun of coworkers, sharing private company information, or complaining about the job.
These kinds of messages can ruin workplace relationships, hurt reputations, and lead to disciplinary action.
Beyond the workplace, South Africa’s Cybercrimes Act, signed into law by President Cyril Ramaphosa in 2021, outlines criminal liabilities for certain WhatsApp messages.
Three categories of harmful messages are criminalised under the Act:
- Messages inciting violence or property damage,
- Messages threatening individuals with violence or property damage and
- Messages unlawfully containing intimate images.
Violations of these provisions can lead to serious legal consequences, including fines or imprisonment.
This includes voice notes.
For example, under the Cybercrimes Act of 2021, a member of Operation Dudula, a xenophobic vigilante group, was arrested in Durban for circulating voice notes inciting violence against foreign nationals.
These recordings encouraged South Africans to seize foreign-owned businesses, violating provisions of the Act that criminalise incitement to violence.
The accused pleaded guilty to the charges and was fined R10,000, avoiding a lengthy trial.
Even emojis can risk your job.
Legal Leaders managing director Aslam Moolla warns that even seemingly harmless emojis used in work-related chats can have serious consequences.
Speaking to SABC News, Moolla explained that emojis carry different meanings depending on their context, generational differences, or cultural interpretations.
“Emojis are symbols or pictures which have certain meanings to them. If we are going to use them, we have to accept that there could be consequences for using them,” he said.
This variability in interpretation can complicate communication, especially in formal settings.
Moolla highlighted that WhatsApp messages, including emojis, screenshots, and timestamps, are admissible as documentary evidence in disciplinary hearings, the Commission for Conciliation, Mediation and Arbitration (CCMA), and labour courts.
“Screenshots become evidence at the CCMA, labour court, and disciplinary hearings,” he emphasized.
In another cautionary example, Moolla explained how a thumbs-up emoji in response to a contract or agreement might lead to legal complications.
“An argument could be raised by the company or the person who offered you the contract to say, by the fact that you gave a thumbs-up, there was what we call ‘a meeting of the minds,’” he said, adding that the interpretation ultimately rests with the judge.
The potential for WhatsApp messages to be misconstrued doesn’t end there. Moolla also pointed to the blue-tick read-receipt mechanism as a source of professional risk.
If blue ticks are enabled, they serve as proof that a message has been read. “If you have blue ticks turned on, and, for example, there’s a notice of a disciplinary hearing taking place on Friday, you have blue-ticked it on WhatsApp.
You can’t say that you never got the message,” he explained. Companies can use screenshots of blue ticks with timestamps as evidence in disputes.
The digital age demands heightened awareness of how we communicate, especially on platforms like WhatsApp.
Casual interactions can have unintended consequences, both professionally and legally.
South Africans are urged to think twice before sending messages, voice notes, or emojis that could be misinterpreted or violate workplace norms and legal boundaries.