Social Development
(1) Whether any staff members employed by her Department between 2012 and 2019 were employed on the recommendation of, through the influence of and/or by the insistence of a certain person whose name has been furnished to her Department for the purpose of her reply; if so, what are the relevant details;
(2)whether any complaints of sexual misconduct have been reported in her Department in (a) 2012, (b) 2013, (c) 2014, (d) 2015, (e) 2016, (f) 2017, (g) 2018 and (h) 2019; if so;
(3) whether any of these complaints involved a certain person, whose name has been furnished to her Department for the purpose of her reply, and/or any officials in that person’s office; if so, what are the relevant details?
(1) In terms of s 9 of the Public Service Act 103 of 1994 (the Act), the power to make appointments is vested in the executive authority, which powers must be exercised in accordance with the Act. The MEC retained the power to approve appointments from salary level 9 up until the end of the period in question.
Further to the above, in terms of Regulation 66 of the Public Service Regulations, 2016 an MEC is entitled to appoint Ministerial staff without advertising the posts.
Given the above, I am unable to advise whether any staff members were appointed through the influence of and/or on the insistence of the person whose name has been furnished to me given where the statutory authority to make such appointments resided at the time.
(2) The number of sexual harassment complaints are set out below:
2012/13: 1
2013/14: 2
2014/15: 2
2015/16: 2
2016/17: 2
2017/18: 2
2018/19: 1
None of these complaints relate to the person whose name has been furnished to me. One complaint was received against an official in the office of the named person, which was handed over to the Directorate: Employee Relations within the Department of the Premier who did a full investigation. The case was unable to proceed due to the unavailability of the complainant.
