08 August 2018 - The provincial legislatures oversee and make the law. But when it comes to sexual harassment they seem to think they do not need the law. The #NotOurLeaders campaign has written repeatedly to all nine provincial legislatures and our four largest political parties requesting copies of their sexual harassment policies. To date, we have only received copies of two sexual harassment policies.
#NotOurLeaders
On 25 November, marks the start of the annual 16 Days of Activism to End Violence Against Women. Activities led by government emphasise the importance of taking action to end gender-based violence but do political parties walk the talk?
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The Women and Democracy Initiative (WDI) identifies as feminist, challenging systemic power, patriarchal norms and pervasive misogyny. We take an informed position to challenge the social system and dominant narratives that colluded with people accused of sexual misconduct and abuses of power and silence those who seek justice and protection.
Since 25 November, during the 16 Days of Activism, the #NotOurLeaders has covered 20 cases of politicians from a spectrum of political parties and people in senior government positions who have faced allegations of sexual misconduct. The nature of the misconduct has included demanding sex for jobs or promotions, verbal and physical harassment, sexual assault, and rape - including rape of children. Some of the people covered by the campaign are facing criminal charges while others have faced internal complaints or disciplinary action. All of the cases have been reported on by media.
In February 2015 Mohapi Jihad Mohapi, chair of the Co-operative Governance and Traditional Affairs (COGTA) Select Committee in the National Council of Provinces (NCOP) was charged with assaulting his former girlfriend. According to a journalist who had access to the photographs, the woman’s injuries included a blue eye and bruising to most of her upper chest region, the upper part of one arm, as well as one thigh. Mohapi handed himself over to the police and was charged with assault, kidnapping and crimen injuria. The fate of the criminal case is unknown.
In August 2017 the former Deputy Minister of Higher Education and Training, Mduduzi Manana, was captured on camera assaulting three women with the assistance of his friends Thulani Madonka and Cyril Madonsela. This led to his resignation and subsequent conviction of assault with intent to cause grievous bodily harm. In early November Manana was sentenced to 12 months’ imprisonment or a R100 000 fine, as well as community service – a sentence which enables him to remain in Parliament. The Constitution stipulates that individuals only become ineligible to stand as public representatives if, in the last five years, they have received a sentence in excess of 12 months without the option of a fine.
Esther Mahlangu-Mathibela was sexually harassed for three years by George Mthimunye, the then-municipal manager of the Dr JS Moroka Municipality in Mpumalanga. In 2001 Mthimunye was finally suspended and charged with sexual harassment and unauthorised or fruitless expenditure. He later settled with the municipality and resigned in 2001, reportedly having received a R5 million settlement. Mthimunye was then appointed the municipal manager of the Naledi municipality in Vryburg – and suspended in 2010 in the course of disciplinary proceedings against him, related to tender irregularities.
On 1 June 2017 Malibongwe Ngcai started his job as general manager of corporate services in the Eastern Cape Department of Cooperative Governance and Traditional Affairs (COGTA), and Basil Mase the general manager of strategic information management, also in COGTA. Both men had resigned their positions as senior managers in the Eastern Cape Legislature only one day before joining COGTA – so evading any sanctions arising from the disciplinary proceedings against them.
In March 2017 a 44-year-old government female employee in the labour relations unit of the Sekhukhune District municipal council in Limpopo reportedly had to apply for a protection order against “the institution’s corporate services director.”
In May of this year an unnamed ANC councillor was accused of raping a 16-year old girl. He was released on bail of R5 000 by the Mdutjana Magistrate’s Court in Siyabuswa, Mpumalanga and the next court date set for 23 June.
On Thursday 30 November Sipho Maselane, an ANC councillor for Winterveldt, will be appearing in the Ga-Rankuwa magistrates court to face multiple criminal charges, including for rapes and robberies committed in 2014 and 2015. The case has been on the court roll for over two years and been postponed numerous times.
In May 2017 a 26-year old worker in the DA offices laid a sexual harassment complaint against Edmund van Vuuren, the DA’s Chief Whip in the Eastern Cape Legislature.
Mcedisi Maphisa, a representative of the IFP and the Deputy Mayor of AbaQulusi has been charged with sexual assault, indecent exposure of genitals and compelling a person to witness masturbation.
Sipho Maselane is accused, along with another man, of raping and robbing two women in 2014 and another two in 2015.
#NotOurLeaders Campaign launched by Women and Democracy Initiative, Lawyers for Human Rights and gender violence specialist during 16 Days of Activism to end violence against women. On 25 November, marks the start of the annual 16 Days of Activism to End Violence Against Women. Activities led by government emphasise the importance of taking action to end gender-based violence but do political parties walk the talk?