G v Minister of Safety & Security and Another (D495/06) [2010] ZALCD 15 (18 June 2010)

G v Minister of Safety & Security and Another (D495/06) [2010] ZALCD 15 (18 June 2010)

The applicant failed to establish a prima facie case of sexual harassment. Her own evidence revealed that she consented to a sexual relationship with R for reward, namely promotion and a better life, and admitted under cross-examination that R did not force her to have sex. The court found her explanation for not reporting R unconvincing and her credibility undermined by contradictions and her conduct. The SAPS investigated her complaint within a reasonable time, and any delay was partly attributable to the applicant. No sufficient link was established between her complaint and alleged victimisation by other officers. The requirements of section 60(3) of the Employment Equity Act were not...

Citation
[2010] ZALCD 15
Parties
Applicant: G; Respondent: Minister of Safety & Security; Respondent: Provincial Commissioner of the South African Police Service KwaZulu-Natal
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
18 June 2010
Case Number
D495/06
Procedural Posture
Absolution Application / Judgment on Application for Absolution From the Instance
Outcome
Application for absolution from the instance granted. Applicant to pay respondents' costs.
Judges
Pillay D
Legal Topics
Sexual Harassment, Vicarious Liability, Employment Equity Act, Burden of Proof, Victimisation, Medical Boarding
Labour Law Civil Procedure Sexual Harassment Vicarious Liability Employment Equity Act Burden of Proof Victimisation Medical Boarding

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Parties

G

Applicant

Minister of Safety & Security

Respondent

Provincial Commissioner of the South African Police Service KwaZulu-Natal

Respondent

Procedural Posture

Absolution Application / Judgment on Application for Absolution From the Instance

Legal Issues

  1. 1 Did the applicant prove that she was sexually harassed by R, a superior officer, in terms of the Employment Equity Act?
  2. 2 Is the South African Police Service vicariously liable for the alleged sexual harassment under section 60(3) of the Employment Equity Act?
  3. 3 Did the SAPS fail to investigate and eliminate sexual harassment and victimisation as required by law?

Ratio Decidendi

The applicant failed to establish a prima facie case of sexual harassment. Her own evidence revealed that she consented to a sexual relationship with R for reward, namely promotion and a better life, and admitted under cross-examination that R did not force her to have sex. The court found her explanation for not reporting R unconvincing and her credibility undermined by contradictions and her conduct. The SAPS investigated her complaint within a reasonable time, and any delay was partly attributable to the applicant. No sufficient link was established between her complaint and alleged victimisation by other officers. The requirements of section 60(3) of the Employment Equity Act were not...

Court Disposition

Application for absolution from the instance granted. Applicant to pay respondents' costs.

Orders

  • The application for absolution is granted.
  • The applicant pays the respondents' costs.