Department of Water and Sanitation faces criticism over sexual harassment policies

THE Department of Water and Sanitation (DWS) appeared before Commission for Gender Equality (CGE) on Monday to provide a clear account of progress made on its previous commitments to advancing gender equality and transformation in the workplace - specifically, focusing on addressing concerns surrounding sexual harassment.

In October 2024, the commission initiated an own accord investigation in respect of policy failures and structural gaps in managing sexual harassment within DWS in the Western Cape.

The focus of the investigation was on the broader issues relating to the DWS failure to create a safe and harassment-free workplace, as mandated by the Code of Good Practice and the Commission's previous recommendations following its Transformation Hearing in 2021/22 and then follow-ups made in 2023.

The accountability session dealt with the DWS's over-reliance on an outdated sexual harassment policy, as well as two cases of sexual harassment the DWS has dealt with over the past 24 months.

In the Western Cape, an intern in the provincial office lodged a complaint with her managers regarding allegations of sexual harassment involving a senior manager in the office.

On September 28, 2023, the investigating officer (IO) in the matter submitted a report with a recommendation that the matter be brought before a disciplinary hearing to decide on the allegations against the alleged perpetrator.

The report by the IO was submitted to the provincial head on October 6, 2023, and the Provincial Head approved the following recommendation: “After careful and objective analysis of evidence and findings at hand, considering all relevant facts, it is recommended that this matter be brought before the chairperson of a disciplinary hearing for determination.”

The alleged perpetrator was subsequently charged with misconduct (three charges), and a disciplinary hearing took place between January 22, 2024 and April 30, 2024. On July 22, 2024, the Presiding Officer released his report, whereby the alleged perpetrator was found not guilty on all three charges.

In the Gauteng Provincial Office, an employee of the Gauteng Department of Education alleged acts of sexual harassment by an official of the DWS. The allegations were investigated, and it was decided to take disciplinary action against the alleged perpetrator.

During the disciplinary process, the official attempted to make contact with witnesses in the case, and it was subsequently decided to place him on precautionary suspension. He challenged the suspension through a formal dispute and the Commissioner ruled in his favour. He has since been reinstated. The disciplinary hearing is ongoing.

After the presentation by the DWS, CGE CEO, Dr Dennis Matotoka, said: “I'm reading your investigative report, where your senior manager is accused of sexual harassment, and there's an outcome that says he is not found guilty, but there are serious concessions that he has made in the investigative report, which, in my view, already indicates an abuse of power. What are we saying with that?

“If somebody concedes that I have uttered this statement to a junior staff member, and you say, based on a technicality, that he was not found guilty, so it's okay? And then the department wants to come here and say, well, the matter was finalised, that it's okay? It doesn't work like that.

“There's something fundamentally wrong at a leadership level,” Matotoka said.

“There is no intentional commitment to transform the workplace at a leadership level.”

Matotoka also questioned if the DWS has a policy review framework, saying “it can’t be for two years, you have failed and or neglected to develop or amend a sexual harassment policy”.

“The workplace, precisely that. It’s a workplace, not a place for the lovesick or lonely hearts club. It’s a place of work.”

CGE Provincial Manager, Mpelo Malebye, said: “What was covered in discussions today anchors on the CGE’s recommendations, with specific reference to the sexual harassment policy, which is severely outdated, which the CGE outlines as vehement disregard for our recommendations and the safety mechanisms that should be in place in the working environment.”

Malebye said overall, they were dissatisfied with the DWS’s inputs, and will reconvene and strategise on a possible way forward.

"The understanding is that we had focused largely on sexual harassment in the workplace. And this is premised on the idea or principle that says sexual harassment remains a barrier for the achievement of equity in the workplace," Matotoka added.

“And therefore, there is a need for concerted effort to eradicate and deal with sexual harassment. We should not be apologetic about that,” he said.

“We said that you (DWS) are being proactive, but your proactiveness is not adequate. You need to be intentional.”

Cape Times