Department of Transport and Public Works sets record straight on inaccurate reporting

The Department of Transport and Public Works has taken note of an article recently published incorrectly referring to a report which does not exist. The article gets the timelines wrong and has seemingly since become a source article for coverage on the matter.

Herewith the timeline of events:

• A grievance related to sexual harassment was lodged by a staff member against a senior official in the Department of Transport and Public Works (DTPW). An investigation followed. A report was generated. Based on the evidence provided, and a thorough examination of the matter, the Head of Department (HOD) found that charging the accused was not justified. At this point a final decision had been made and communicated to both officials, and could not be revisited, unless through an alternative process.
• The employee was fully within her right to escalate her grievance to a higher body, and did so by lodging it with the Commission for Conciliation, Mediation and Arbitration (CCMA).
• It was at this point that legal advice was provided, as part of the arbitration process.
• The DTPW respects the processes of the CCMA and will appear to present its case for not pursuing charges against the accused upon the evidence provided at the time.
• The DTPW takes this matter very seriously and has entered the CCMA process openly. It will provide a full account of the work it completed to reach its decision.

The HOD hence did not institute any sanction that needs to be reversed. She did not ignore any report with a recommendation that the accused be dismissed. She did not ignore any legal advice.

Comparisons with another case in the Western Cape involving a political office bearer are irresponsible. The applicable legislation and policy prescribe different processes for dealing with political office-bearers and public servants under these circumstances. In this case, the accused is a public servant and is subject to the rules and processes as set out in the legislation and policy that govern employment matters in the public service.

Media enquiries

Jandré Bakker
Head of Communication
Department of Transport and Public Works
Email: Jandre.Bakker@westerncape.gov.za