Premier
The Premier recently confirmed that the Minister of Community Safety, Albert Fritz, was suspended based on allegations of “sexual misconduct”. In September 2019, Bonginkosi Madikizela, the former Minister of Transport and Public Works, the former Leader of Government Business and the former DA provincial leader, said in the legislature that the Western Cape Government has “a disturbing culture of sex for jobs, sex for tenders, sex for marks, etc” and that the Western Cape Government should “start by getting our house in order as government by protecting victims in our spaces”. With regard to this statement:
- (a) What has he done to address the “culture” described by former Minister Madikizela and (b) what is the process that an employee of the Western Cape Government must follow to report sexual misconduct, sexual harassment or sexual assault by a colleague or superior;
(2) (a) how many employees from the (i) fifth and (ii) sixth parliament periods of the Western Cape Government have been reported for sexual misconduct, sexual harassment or sexual assault, (b) how many of these employees have been suspended pending an investigation or disciplinary hearing, (c) how many of these employees (i) have been prosecuted or (ii) are being prosecuted in a criminal court for sexual assault or any crime relating to sexual misconduct and (d) how many of those who have been or are being prosecuted have been suspended pending the finalisation of the criminal prosecution;
- why has a Provincial Treasury employee, whose name has been furnished to his Department for the purpose of his reply, who is currently being prosecuted for the sexual assault of a 7-year-old minor child, not been suspended;
- why has the Provincial Chief of Traffic, whose name has been furnished to his Department for the purpose of his reply, who is currently being prosecuted for the sexual assault of another employee of the Western Cape Government, not been suspended;
- how does the Western Cape Government intend to create an environment that is safe for victims of sexual misconduct for reporting their alleged perpetrators when the perpetrators are not suspended pending an investigation, hearing or trial?
1(a) I cannot reflect on the comments made by another member in the house, but in my State of the Province Address this week, I committed to doing everything I can, to end Gender Based Violence in our province. It is an insidious scourge affecting our communities, and we must work to eliminate it, together. Within the Western Cape Government, we have firm policies in this regard, including trained Sexual Harassment Officers in each and every department to which matters of this nature may be reported. They may also be reported to any superior. Victims should also please report matters to the SAPS so that criminal charges can be investigated.
1(b) The Western Cape Government (WCG) has a Sexual Harassment Policy in place which implements functional systems to address any infringements, through due process, to uphold the rights of all involved. In each department, the relevant Head of Department has appointed sexual harassment contact officers (SHCO). These SHCO’s are trained to advocate, monitor, educate as well as investigate allegations of sexual harassment. Employees can also directly refer allegations of sexual harassment to the Directorate Employee Relations (DotP, Health and Education). The Department of the Premier has also rolled out sexual harassment awareness sessions for all employees.
The current sexual harassment policy provides for an informal and formal approach todealing with cases of this nature. The complainant/s elects which processes they wish to utilize. The first step in a process, is for the complainant to meet with the Departmental Sexual Harassment contact officer (SHCO) to explain the processes to him / her and to provide necessary support. Should the complainant elect the informal process, the SHCO facilitates this process with the parties concerned. Should the complainant elect the formal process, the matter is referred to the Director: Employee Relations for further investigation and to make a recommendation to the Head of Department/Delegated Authoruty. The Directorate Employee Relations will act in respect on said mandate.
(2)(a)(i) Fifth Parliament Period (2014 - 2019) - 173 cases of sexual harassment reported across all WCG departments.
(ii) Sixth Parliament Period (2019 to date) - 74 cases of sexual harassment reported across all WCG departments.
(b) 97 employees were placed on precautionary suspension during the investigation of the allegation/s of sexual harassment leading up to the finalisation of the disciplinary process. (c)(i)128 employees have been prosecuted. (c)(ii) 4 employees are being prosecuted in a criminal court for sexual assault or any crime relating to sexual misconduct. 0 of these employees who have been or are being prosecuted have been suspended pending the finalisation of the criminal prosecution. (d) Depending on the seriousness of the transgression, the complainant may decide to report the case to SAPS after being informed of his/her rights and options in terms of the Sexual Harassment Policy. In instances where the Department was not satisfied with the sanction imposed by the Chairperson of a disciplinary hearing where the sanction is short of dismissal, the Department can take such cases on review to the Labour Court in terms of section 158(h) of the LRA 66 of 1995 as amended.
(3) The official in question is a public servant and matters related to employees in Government are handled in terms of the Public Service Act and the principles of labour law, in respect of which the I have no direct involvement. This is an important principle which prevents political interference in the administration of the Western Cape Government. Any further questions Member Herron has, must be directed to Provincial Treasury.
(4) The official in question is a public servant and matters related to employees in Government are handled in terms of the Public Service Act and the principles of labour law, in respect of which the I have no direct involvement. This is an important principle which prevents political interference in the administration of the Western Cape Government. Any further questions Member Herron has, must be directed to the Department of Transport and Public Works.
(5) Under those circumstances we either precautionary suspend an employee or as an alternative precautionary transfer an employee where there is no contact with the complainant. Employees are provided the necessary support through the Employee Health and Wellness Programme. Continuous awareness sessions are conducted with all staff and communicated through various platforms.
