Question NW1915 to the Minister of Justice and Correctional Services

Reply:

Department of Justice and Constitutional Development

1. (a) The total number of incidents of sexual harassment that have been reported in the Department of Justice and Constitutional Development, are as follows:

(i) In each of the past two financial years:

(aa) 2016/17                   :       Two (2) cases were reported; and

(bb) 2017/18                   :       Three (3) cases were reported.

(b) The details of each incident that took place are as follows:

(i) Regarding the two (2) cases reported in 2016/17: In one case, the incident involved negative sexual comments and in the second case, the incident involved gestures deemed as unwanted sexual advances.

(ii) Regarding the three (3) cases reported in 2017/2018: In one case, the incident involved negative sexual description of a female colleague, in the second case, the incident involved gestures deemed as unwanted sexual advances and the last case involved statements deemed sexually negative to a colleague.

2. Regarding the investigation and outcomes of each incident, I have been informed as follows:

(a) Regarding the two (2) cases which were reported in 2016/17 financial year, the two (2) cases were investigated and disciplinary hearings were conducted. In the one case, the employee was found guilty and a sanction of suspension without pay was imposed. In the other case, the matter was withdrawn by the Department as there was insufficient evidence.

(b) Regarding the three cases which were reported in 2017/18 financial year, the three (3) cases were investigated. Two cases were withdrawn, with a bilateral settlement relating to one case; the second matter was withdrawn by the Department as there was insufficient evidence and the last case is still pending finalization (not concluded).

(ii) The entities have reported as follows:

A. Legal Aid South Africa:

1. (a) Total number of sexual harassment incidents reported at Legal Aid SA is as follows:

(aa) 2016: zero (0) incidents reported to Human Resources (HR); and

(bb) 2017: one (1) incident reported to HR.

(b) The details regarding the one (1) incident reported in 2017/18 are that the incident involved gestures deemed as unwanted sexual advances.

(2) Regarding the investigation and outcomes of each incident, I have been informed as follows:

Regarding the one case which was reported in 2017/18 financial year, the grievance was thoroughly investigated. The outcome of the investigation confirmed the complaint and that there were sufficient grounds for a formal disciplinary hearing. The employee was afforded an opportunity to make representations as to why he should not be suspended, pending a disciplinary hearing. In response, the employee resigned with immediate effect from the employment of Legal Aid SA. This matter was thus closed internally.

B. National Prosecuting Authority:

1. (aa) 2016: One (1) incident of sexual harassment was reported. However, in paragraph (2) below, the NPA reported on an outcome made in 2016 of an incident that occured in a prior year (2014).

(bb) 2017: One (1) incident was reported.

2. In October 2016, an official from the Office for Witness Protection (OWP) was dismissed for sexual harassment.  While the incident took place in 2014 and was investigated and the disciplinary hearing commenced in 2015,  the appeal process was finalised in September 2016. 

Additional information for 2016:

Allegations of sexual harassment against a prosecutor were reported to Employee Relations in June 2016. The allegations were investigated and it was found that the prosecutor had a case to answer. Formal disciplinary action was recommended, however the NPA did not proceed with formal disciplinary action as the complainant formally withdrew the allegation of sexual harassment against the prosecutor on 7 October 2016. The NPA was informed by her attorney that the allegation has been formally withdrawn and a copy of the formal withdrawal of the allegation was sent to the NPA. The NPA responded to the complainant’s attorney on 14 October 2016 that in light of the formal withdrawal of the allegation against the prosecutor, the NPA will not proceed with disciplinary action against the official. 

 

2017:

The incident of sexual harassment in the Director of Public Prosecutions: Free State region was reported to Labour Relations in October 2017. The matter was investigated and it was found that a District Court Prosecutor made himself guilty of sexual harassment. The complainant reported the matter, however did not want to participate as a witness in a disciplinary hearing. Due to the fact that the complainant was unwilling to testify in the disciplinary hearing, progressive disciplinary action was taken against the offending official. He was served with a Final Written Warning on 31 January 2018. He appealed the Final Written Warning. The Appeal Authority dismissed the appeal  and the matter was finalised on 23 February 2018. 

 

C. Special Investigating Unit:

No incidents of sexual harassment were reported in the SIU in 2016 and 2017.

 

Office of the Chief Justice

1. (a) No incidents of Sexual Harassment were reported to the Human Resource office of the (i) Office of the Chief Justice, (ii) (aa) in 2016 and (bb) 2017.   

2. Not applicable.

 

Department of Correctional Services

3. (a) (i) (ii) (aa) (bb)

REGION

Incidents	2016/2017	2017/2018
Total number of cases reported	4	10
Total  number of cases concluded	1	6
Withdrawn	0	2

 

(1) (b)

2016/2017

REGION	INCIDENT	SUMMARY OF DETAILON EACH INCIDENT
Free State & Northern Cape	Sexual Harassment	(2016/2017) Nil
Eastern Cape (EC)	Sexual Harrassment East London Maximum	Alleged perpertrator sent a nude picture of an elderly couple by cell-phone to the Area Commissioner during working hours. Matter was investigated and the decision on 2016-11-14 was to charge the official with sexual harassment. The hearing was concluded on 2016.12.15 and he was sanctioned to suspension without pay for one month.
Kwa-Zulu Natal (KZN)	Sexual Harassment	Nil
Limpopo, Mpumalanga, Northern West (LMN)	Sexual Harassment Barberton	Two female officials alleged that the “ perpetrator” touched them inappropriately. One complainant withdrew the matter in 2017. The case was reported on 12 September 2016 and after two disciplinary sittings case was withdrawn on 28 April 2017. The other allegation was investigated and alleged perpetrator was acquitted in 2017.
Gauteng	Sexual Harassment	Nil
Western Cape	Sexual Harassment Southern Cape	An allegation of sexual harassment against an offender was reported. The investigation did not recommended a disciplinary hearing.

 

2017/2018

REGION	INCIDENT	SUMMARY OF DETAIL ON EACH INCIDENT
FC & NC	Sexual Harassment	The alleged perpetrator touched the private parts of an offender. The matter was investigated and the official was formally charge with misconduct. Disciplinary hearing is to follow
EC	Sexual Harassment	Nil
KZN	Sexual Harassment Durban Westville Medium A   Area Commissioner`s Office	The complainant submitted a statement withdrawing the matter formlly without prejudice. The matter was then regarded a finalized in April 2018   Complainant made an allegation of unwelcome verbal advances against the perpetrator in January 2018. Final written warning was recommended but alleged perpetrator refused to accept the sanction. The official will undergo a discipline hearing in June 2018
LMN	Sexual Harassment	The official (Social worker ) alleged that the alleged perpetrator touched her inappropriately. The matter has not been concluded yet. Mediation has nont been finalized.
Gauteng	Sexual Harassment	Nil
WC	Sexual Harassment   Drakenstein, Goodwood, South Cape	Three from Drakenstein. Breakdown as follows: One- unwelcome touch and two unwelcome remarks.   Goodwood: one unwelcome remarks, touch and lies about sexual life of the complainant.

 

4. Yes, all the incidents were investigated. Outcomes/ sanctions are depicted in the table below:

Incident	201/2017	2017/2018
Sanctions	1	5
Corrective Counselling	0	2
Final Written Warning	0	0
Suspension Without Salary	1	1
Dismissal	0	1
Acquittal	0	1
Other	3 (pending) Carried over to 2017	3 (pending) 2 disciplinary hearing and 1 mediation to be concluded