Sexual harassment claim rocks witness in Mkhwebane probe

THE evidence leaders in the Section 194 Committee yesterday asked that questions about a sexual harassment charge that was faced by a witness in the Public Protector South Africa office be asked in a closed session or not be posed at all.

Advocate Nazreen Bawa made the request after former executive manager for provincial investigations and integration, Reginald Ndou gave evidence on the Vrede Dairy investigation report.

Bawa said they were aware of evidence that Ndou had faced a sexual harassment charge at the Public Protector South Africa Office in 2017, and was served with the charge after he had already tendered his resignation in 2018.

She said there was no process followed because Ndou had tendered a medical certificate in the first hearing and subsequently left the employment of the office.

“We also heard evidence yesterday of him having initially been exonerated and then, based on further investigation, a decision was taken that the matter would proceed.”

Bawa said Ndou had been charged, but not found guilty of any offence.

Committee chairperson Qubudile Dyantyi asked the evidence leaders, Mkhwebane and her legal team to excuse them to discuss the matter.

He would not open discussion from Bawa and Mkhwebane's legal counsel Advocate Dali Mpofu.

Mpofu said: “It is unfair but what can we do?”. When the meeting resumed after the two-hour break, Dyantyi apologised for any inconvenience that might have been caused.

“After listening to what was placed by evidence leaders, we had to apply our minds and our own role of always exercising our duties as a committee of the National Assembly, which is constitutionally bound to do its work in an a open and transparent manner while at the same time invoking Section 37 of the Constitution about limiting whatever rights and freedoms that are there.

“We always have to balance all of those issues,” he said.