Premier

Question by: 
Hon Mesuli Kama
Answered by: 
Hon Alan Winde
Question Number: 
20
Question Body: 
  1. (a) What are the details of the findings of the investigation into the sexual misconduct of former Minister Fritz and (b) what recommendations were made;
  1. whether the report of the investigation will be made available to the (a) Standing Committee on Community Safety and (b) Western Cape Provincial Parliament; if not, why not; if so, what are the relevant details;
  1. (a) how much was spent on this investigation and (b) from which programme or programmes were the funds taken;
  1. what measures is he going to put in place to prevent a reoccurrence of this conduct and the victimisation of young women in the workplace by a member of his Cabinet?
Answer Body: 

(1) (a) Adv Williams found that, based on the evidence presented to her:

  • there is sufficient credibility in the allegations of sexual misconduct;
  • there is sufficient credibility in the allegations of alcohol abuse; and
  • there is sufficient evidence of MEC Fritz creating an environment that is conducive to sexual harassment, or alternatively, taking advantage of young women sexually

Adv Williams concluded that the evidence, viewed in totality, would lead a reasonable person to believe that the allegations investigated are true.

(b) Adv Williams made no recommendations, as her terms of reference were limited to a fact-finding exercise and a view on the veracity of the evidence obtained during the course of the investigation.

(2)(a)(b) As explained during my recent appearance before the Standing Committee

     on Community Safety, I will not be releasing the full report to any third parties in the   

     interest of protecting the identities of the complainants, who cooperated with the   

     investigation subject to an undertaking that their anonymity would be protected, for

fear of secondary victimisation. I will only make the full report available with the 

consent of all the complainants and witnesses involved, or under compulsion of a Court order.  Should the complainants decide to lay criminal complaints in respect of the sexual misconduct, I will cooperate with SAPS to assist with its investigation.

(3)(a) R161 460.00

    (b) Programme 6 (Legal Services)

(4) I am committed to doing everything I can to end Gender Based Violence and will continue to take all necessary steps to ensure that this matter is addressed fully, in terms of the law. As I’ve said previously, this is absolutely not the end of this matter, and further steps are being taken. I will not accept wrong-doing in my administration, and will continue to uphold my oath of office.

Sexual misconduct has no place in our workplace. I am therefore taking the following additional steps:

  • I have instructed that there be an end-to end review of the Western Cape’s Sexual Harassment Policy, which was adopted in 2011, inclduing how it is put into practice. We need to ensure the whole system is strengthened, taking into account the fact that this case happened, so that any loopholes are closed.
  • This review should include external consultation with specialists in sexual misconduct matters so that we ensure that we have the best possible policy in South Africa. In fact, we must aspire to global best practice. 
  • I am also taking steps to incorporate distinct and specific sexual harassment- and GBV clauses in the Western Cape ministerial handbook. We believe that this would be a first for any executive handbook in South Africa, and I will advocate for these clauses to become part of the national ministerial handbook.
  • I will also amend the Provincial Ministerial Handbook so that MECs that are removed from office do not receive any “perks” effective immediately from their removal. I will seek to have these changes also brought into the national ministerial handbook.

 

Date: 
Friday, March 4, 2022
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