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:
(a) 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 In the other case, the matter was withdrawn by the Department as there was insufficient evidence.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 Two cases were withdrawn, with a bilateral settlement relating to one case; the second matter was withdrawn by the Department as there was insufficient evidence and the last case is still pending finalization (not concluded).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.