Question NW734 to the Minister of Trade and Industry
14 March 2018 - NW734
Mbabama, Ms TM to ask the Minister of Trade and Industry
(1)Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
Reply:
GSSSD RESPONSE:
(1) Yes, the Department has a Sexual Harassment Policy in place.
(i) According to the dti Sexual Harassment Policy’s reporting procedure, employees who are of the view that they may have fallen victim of sexual harassment are strongly encouraged to report the case directly to the Manager: Employment Relations or the Manager: Quality of Worklife. All such reports are treated in the strictest confidence and are dealt with in a sensitive and supportive manner. Upon receiving the complaint (due to its employment equity-related nature) the matter is referred to the focal person for Employment Equity and Transformation for thorough investigation. A report with findings and recommendations is compiled and submitted to the Deputy Director-General responsible for employment equity, for implementation.
(ii) Due to the sensitivity and seriousness of sexual harassment, the disciplinary procedure is utilised to address the complaint. In problematic cases of sexual harassment involving sexual assault such as rape, molestation, attempted rape or physical assault, the alleged harasser is suspended with full pay pending the outcome of the disciplinary hearing.
For cases such as attempted rape, molestation, physical assault, rape or persistent harassment, the Chairperson of the disciplinary hearing uses the Disciplinary Code and Procedure to determine the sanction. The victim of sexual assault has the right to open separate criminal and/or civil claims against the alleged harasser and the employer. The legal rights of the complaint are in no way limited by the dti Sexual Harassment Policy.
(2)
|
1/4/2014 – 31/3/2015 |
1/4/2015 – 31/3/2016 |
1/4/2016 – 31/3/2017 |
1/4/2017 - date |
|||||||||
|
(a) |
0 |
0 |
0 |
2 |
||||||||
|
(b) |
(i) |
(ii) |
(iii) |
(i) |
(ii) |
(iii) |
(i) |
(ii) |
(iii) |
(i) |
(ii) |
(iii) |
|
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
2 |
|
|
(c) |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Both cases not yet finalised |