Question NW705 to the Minister of Basic Education

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29 June 2018 - NW705

Profile picture: Stander, Ms T

Stander, Ms T to ask the Minister of Basic Education

(1)Whether her department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will her 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 her 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past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?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:

  1. (a) Yes, the Department of Basic Education has a sexual harassment and assault policy in place.

(b) (i) The policy has been in place since 2014. The policy stipulates the procedure which should be followed in the reporting and investigation of allegations of sexual harassment in the Department. Clauses 19.1 to 19.3 of the policy provide a detailed procedure that must be followed in the investigation of alleged reports of sexual harassment. The procedure includes both formal and informal investigation. The formal procedure involves the following:

  • The sexual harassment complaint must be reported to the Director-General or the Sexual Harassment Advisor in writing and the statement must include:

(i) The name of the respondent;

(ii) Date when the incident occurred;

(iii) Where it occurred; and

(iv) Details of how the actual sexual harassment occurred.

(ii) In the event where the grievance procedure has been finalised, and management is of the view that there is a prima facie case against the respondent, disciplinary steps must be instituted as per the provisions of the Disciplinary Code and Procedure in the Public Service (PSCBC Resolution 1 of 2003 read with Chapter 7 of SMS Handbook).

The sanctions provided in clause 19.4 of the policy include, should the respondent be found guilty of the offence: a) Counselling, b) Verbal warning, c) Final written warning, d) suspension/fine, e) demotion or f) dismissal.

If the Director-General is the perpetrator, the Executive Authority becomes the authority that appoints the Sexual Harassment Advisor and makes decisions on the case. Once the Sexual Harassment Advisor has been appointed, all terms and procedures set out in the policy for subsequent action shall apply without exception, read with the necessary changes.

A complainant of sexual harassment has the right to press separate criminal charges and/or civil claims against the respondent if they so wish. The legal rights of the complainant are in no way limited by the DBE policy.

2. (a) (i) Financial years 2014/15 to 2016/17: No incidents of sexual harassment and assault reported.

(ii) Since April 2017: No incidents of sexual harassment and assault reported.

(b)(i) Not applicable. No cases reported.

(ii) Not applicable. No cases reported.

(iii) Not applicable. No cases reported.

(c) Not applicable. No cases reported.

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