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It started with lewd, while not overt, sexual remarks about the way she was dressed at work.
“The way ‘some’ people are dressed, we can’t focus,” he’d allegedly say, referring to her.
Then it moved to text messages.
“I love you; I’m doing everything to show you”, he would write.
Fast-forward six years of rebuffing and rebuking the sexual advances made by her departmental senior and the 38-year-old constable has now been moved to a lower office after filing a grievance of sexual harassment against him.
The man is a subcomponent commander at the North West provincial police department’s organisational development and strategic management division.
Insiders close to the matter are crying foul at her being “effectively demoted” and at the allegedly unfair handling of the sexual harassment case within the provincial department, which they claim was unreasonably dragged over a year and skewed in the alleged perpetrator’s favour because he was more senior than she was.
This after he was found not guilty on the charge of sexual harassment and let off the hook with a mere verbal warning for misusing a state cellphone, while she was served with papers after coming back from leave last month, notifying her she was being transferred to the criminal records office.
When contacted for comment last week, the man declined to speak to City Press, referring us to the communications department.
The provincial department has denied that the process and hearings were unfair, or that she was demoted, saying she maintained her rank and was moved “to secure a healthy working environment for both members”.
However, an insider close to the case, who asked not to be named, alleged that the woman was victimised.
“When she got into the department in 2013, she was about to finish her national diploma in security risk management with Unisa and for her the appointment to the division was one that she thought could develop her career as she was a single mother to her six-year-old son.
“The sexual harassment started almost as soon as she started at the office. He would send her inappropriate messages, but she would delete them. She then started having anxiety. When he got married in 2014 she thought he would stop his behaviour towards her, but he didn’t,” the source said.
In June 2017, the woman filed a grievance of sexual harassment against the man, as at this point his advances were affecting her relationship with her boyfriend.
City Press has also seen screenshots of SMS exchanges between the two, where they appear to be arguing over his unwanted advances towards her.
The source alleged that after the woman refused his advances he started bullying her at work, assigning her tasks that did not fall under her job description and expecting her to complete them within unreasonable time-frames.
City Press has seen the sworn affidavit the woman filed in grievance, as well as corresponding documents signed by the grievance supervisor and psychologist.
We have also seen a letter from the provincial head of human resources within the police, recommending that the colonel be “temporarily transferred away from organisational development” during the investigation period.
In another official document in our possession, the perpetrator was placed on leave from August 28 2017 to attend “SA Police Service [SAPS] basic training” until December 4 that year.
However, the matter was postponed to August last year and eventually heard last October.
“The chairperson of the hearing then said the perpetrator’s brother must testify because he was the one sending her the messages, yet she and the brother did not know each other at all,” the source added.
The outcome was given on December 12 last year, that he was not guilty of the charge, but was “verbally warned”.
Provincial spokesperson Colonel Adele Myburgh said: “Both parties were given the opportunity to lead evidence during a departmental hearing. The independent presiding officer made a decision on the basis of evidence led during the disciplinary hearing ... The process was fair. The matter was prolonged as a result of the constable being sick for seven months.”
Myburgh rejected claims that the man was protected because of his “higher up” connections, adding that: “The commander was subjected to a formal departmental hearing. These allegations are vague, embarrassing and unfounded ... Dealing with sexual harassment is a priority of SAPS. The member was not demoted and still carries the same rank.”
Johnny Mekgwe, a paralegal at the North West branch of the Police and Prisons Civil Rights Union, said he believed the process wasn’t conducted properly and advised the woman to open a criminal case against the man.
“She came to me when the matter was not moving at all and explained what happened to me and I don’t think it was handled well. I don’t think it is fair that she was moved to another office and he wasn’t because that is like double punishment for the victim. I have escalated the matter to our head office’s legal department to see if there is anything more we can do to take this issue up,” he said.
It might be “hell on earth” having to continue to work in an environment where you’re being sexually harassed and victimised, but according to a legal expert your best chances of getting justice include staying put.
“It isn’t easy; it’s not easy at all, but you cannot leave. Your best chance of gathering and building up evidence such as emails, texts or from meetings are when you’re still at the company,” Gail Blacher, a specialist in labour law and dispute resolution, told City Press this week.
Often, according to Blacher, companies do not take sexual harassment cases seriously, but the law is on your side.
Aside from getting assistance from a union representative, Blacher strongly advised that one get legal advice from a lawyer who has experience in labour law.
Blacher’s top tips for dealing with sexual harassment in the workplace include:
Don’t ignore the harassment
If you believe that you are the subject of sexual harassment in the workplace, don’t ignore the problem. Talking about sexual harassment can be uncomfortable, but you can empower yourself by following the correct procedure within the company.
Make it clear that the conduct is unwelcome
Harassers often contend that their victims welcomed the behaviour and that the behaviour was consensual. It can be difficult or even frightening to object, so either you or another person on your behalf must tell the harasser. If you do so in writing, as in an email, you will have proof that the conduct was unwelcome if the harassment doesn’t stop.
Not all harassing behaviour is sexual under the law
A single incident of unwelcome sexual conduct may not be enough to constitute sexual harassment, so it is important to talk to a lawyer who is experienced in sexual harassment law and can tell you how to deal with the behaviour.
Keep a log from the start
Keep any emails, memos, gifts or other tangible evidence from the harasser. Keep a log or notes of any incidents or other information that may be relevant to your concerns about sexual harassment.
Lodge a grievance as soon as possible
Many companies have a sexual harassment policy in place, which deals with the problem in a sensitive, efficient manner. It may be difficult, frightening and intimidating to report the incident(s), so you may seek the intervention of another person. If the company has no policy in place you should report the matter to the employer directly or the HR, or a colleague who will inform the employer. You will have proof that the employer is aware of the harassment and the employer will be bound to take action against the harasser.
If you are experiencing sexual harassment in the workplace, you can call Rights@Work on 082 940 6538. – Vuyo Mkize
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