The Department of Water and Sanitation has come under fire from the Commission for Gender Equality for not upholding gender equality and transformation standards in the workplace.
This critique follows the discovery of alarming flaws in its workplace regulations and sexual harassment response.
In July 2022, the department was invited to participate in a hearing on transformation.
Despite being invited to submit a completed questionnaire along with supporting documentation, the department did not fully provide the requested information when it appeared before the commission in November 2022.
Consequently, the commission came to the conclusion that the department had not shown a commitment to transformation practices and had not produced proof that its workplace was accessible to individuals with disabilities.
Workshops not conducted
“During the initial submission of information, the department did not submit any information regarding how it manages sexual harassment complaints in the workplace,” reads the commission’s report in part.
“However, at its appearance before the commission, the department reported that it did not conduct sexual harassment workshops in 2018 and 2019. The commission found this to be concerning.
“First, it is unclear which code the department is using in its sexual harassment policy, assuming such a policy exists.
“Second, to fulfil its obligations as a state under Convention 190 to prevent harassment and violence at work, South Africa introduced the EEA [Employment Equity Act] as one of several acts in respect of addressing discrimination, gender-based violence, and harassment in the workplace.”
It also states that harassment would lead to unfair discrimination, preventing equity and equality in the workplace.
Concerns about sexual harassment
The report further found that the department has no employment equity manager, no gender focal person, and no policies in place to deal with issues affecting women, individuals with disabilities, or the LGBTQIA+ community.
It also criticises the department for not conducting sexual harassment workshops in 2018 and 2019 and failing to submit a sexual harassment policy review.
Concerns about sexual harassment were highlighted again during a presentation by the department on Monday.
The commission had received complaints about cases in the department, including one involving an intern in the Western Cape provincial office, who accused a senior manager of harassment.
The department claims that as part of its employee wellness programme, the intern received professional counselling and was moved to a different building.
The case was investigated, and a full disciplinary hearing was held between January and April 2022.
The presentation revealed that the manager was eventually found not guilty of all charges.
Another case in the Gauteng office involved allegations by an employee of the provincial education department against an official from the Department of Water and Sanitation.
Disciplinary proceedings are still ongoing after the accused was temporarily suspended and later reinstated.
Several measures introduced
“Sexual harassment cases in DWS [Department of Water and Sanitation] are managed in line with the sexual harassment policy of the department, which is currently under review, as well as the code of good practice on the prevention and elimination of harassment in the workplace introduced by the Department of Employment and Labour.
“Currently, the department is in the advanced stages of finalising its review of the sexual harassment policy to encompass all forms of harassment, including bullying.
“The department recognises that harassment significantly stresses the workplace, potentially affecting effectiveness and productivity as well as leading to a decline in work quality due to the affected employee’s withdrawal and possible resignation,” the department stated.
The DWS also introduces measures such as special leave for victims, confidentiality during investigations, and protection for employees who report harassment in good faith.
It plans to present the updated policy at its bargaining chamber on October 23 for approval, followed by a nationwide awareness campaign.
