Task team recommends offenders register

Tertiary institutions should have a clause in their employment contracts that they reserve the right to publish the name of a person who has been found guilty of Gender-Based Violence and Harassment (GBVH) and their names should be registered on a national register.

This is among a list of stringent recommendations made by a Ministerial Task Team (MTT) and submitted to Higher Education Minister Blade Nzimande.

The long-awaited report was gazetted last month, and diagnosed the current state of responses to GBV by higher education institutions, highlighting the persistence and repetition of particular difficulties.

Nzimande saluted the task team, led by professor Sibongile Muthwa as chairperson, and departmental officials who contributed to the development of the report.

“Combating and eliminating gender-based violence is critical to matching the constitutional ideals of gender equality, human dignity and the right to life with realities in the material lives of our people. I therefore appointed the MTT in 2019 to advise on issues of sexual harassment and gender-based violence within the university sector.

The task team, with the support of the Department of Higher Education and Training, conducted a comprehensive analysis of policy and processes in place at all public universities, with a view to advise on policy gaps and minimum standards for policy, processes and support systems in place to manage and prevent gender-based violence within the higher education system,” said Nzimande.

He said many of the procedures in place to investigate and prosecute gendered forms of violence have not only deterred individuals from reporting but also caused distress and in many instances led to unjust outcomes.

According to Muthwa, the work of the task team was delayed by the Covid-19 pandemic which resulted in the report only being published this year.

The notion of a national register to keep track of perpetrators of GBV was raised, so that names would be known should perpetrators attempt to register with another institution of higher learning.

“Too often perpetrators resign or transfer to another university without being prosecuted and punished, which leads to reticence on the part of survivors to report cases. Centralisation of the case management processes and improved ICT tracking systems could help to standardise national responses to GBV while measuring the impact of the programmes,” the report read.

In terms of case management and confidentiality it found limitations in reporting procedures and the alleged silencing of victims or survivors in higher education resulted in some resorting to other avenues to seek public justice.

“Unfortunately, some students resort to sharing allegations and naming perpetrators on social media platforms. While there is criticism of, and legal consequences for the use of these channels to counter institutional denialism and distrust of the victims.

“Participants urged universities to refrain from perceiving the reporting of GBV as damaging to their brand or public image. Institutions of higher learning should understand they have a pivotal role to play in fighting the scourge of GBV. It was further suggested that, through the DHET, there should be measures in place to ensure institutions account periodically,” the report read.

It recommended that institutions outline in policy the rights and responsibilities of the institution and parties involved in complaints relating to the protection of confidential information.

“Institutions also need to outline in policy when and under what circumstances information can be publicly released about people who have been found guilty of offences. This clarity is required for the legal protection of complainants and accused, as well as to protect institutions, while balancing this with the need for accountability and transparency.”

It further recommended the establishment of an “offenders register” specific to public higher education institutions.

“Such a database would serve to create a community and network among institutions of higher learning, and to guard against institutions employing candidates who have been found guilty of GBV.

Cape Times