Johannesburg – The Pan Africanist Congress (PAC ) leader Narius Kolobe Moloto has been found guilty of sexual harassment.
The party leader was found guilty by the Commission for Conciliation Mediation and Arbitration (CCMA) after a virtual hearing which was held on December 6 and 7 respectively.
Moloto, the General Secretary of Building and Construction and Allied Workers Union (BCAWU), was accused of sexual harassment in 2018 by the union’s then female employee, who cannot be named for legal reasons.
The employee was later fired by the union for bringing the name of the organisation into disrepute and took it to the CCMA for unfair discrimination and dismissal.
In the CCMA papers, which are in our possession, the woman said Moloto started sexually harassing her after joining the organisation as gender coordinator on October 18 2016.
She said Moloto phoned her and asked to come to the office to type a letter of condolence on December 29, 2016.
When she asked him asked him what time she should come to the office, his response was “09h00 baby girl”.
She said when she asked about the letter when she arrived in the office, he asked whether she was in a relationship and she told him that she had broken up with the father of her child.
“He asked why was she being stubborn in getting together with the father of child and whether he was satisfying her sexually or not.
“In response, she told him the conversation was taking an appropriate turn, She then asked for the letter to type.
“He then said ‘oh you are one of those, you will soon understand how things work here,” read the papers.
She said while she was typing the letter, Moloto approached her from behind and massaged her shoulders.
She said she told him that she was not comfortable as she considered him an uncle or a father but he told her to relax as she was tense.
She said on May 11 2017, she sent him a motivational video after complaining that he had not received interesting messages from her.
“He replied with a video of a black woman with a yellow bikini and her buttocks exposed accompanied by a caption ‘ Talk’.
According to her this video is inappropriate and should not be sent in a work setting. On July 17 2017, he again sent her a picture of man dancing in Jockey underwear.
The man apparently removed his Jockey (underwear)and exposed his private parts.” read the papers.
The woman also said Moloto deposited R600 into her account and later asked her to give it back to him.
She told him to refrain from depositing money into her account .
“He asked her if it was a warning and she replied that it was an order. He also sent a message that read ‘Mphe Nyyy’ This Sotho for ‘give me your vagina’.
She replied that he would get his money the following day after she had withdrawn it,” read the papers.
She further said on December 5, 2017, she had missed her flight to attend a Building Workers International (BWI conference in Durban and was expected to pay penalties at the airport When she told him that she didn’t have money to pay the penalties, he told her that she was “modidi” (poor).
He sent her a message which read ‘wagafa, otla latswa ke dikwena very soon and things would be better’.
She said she interpreted this to mean that she would succumb to his coital advances and things would be better.
She also indicated that later sent her pornographic video and pictures of a man inserting his penis into the private parts of a woman.
Moloto denied that he deliberately sent the pornographic material and said they were sent to her by a virus .
In his ruling commissioner Johnny Mathebula said he was convinced that Moloto had indeed sexually harassed the woman.
“ I have concluded that an act of sexual harassment has been perpetrated against the applicant by the GS (General Secretary) of the union and that such sexual harassment amounted to unfair discrimination,” stated the papers.
Mathebula ordered the union to pay the woman R50 000 for the pain she suffered as result of the harassment.
This after her representative Jazz Vilakazi asked that the CCM to order the union to pay her a 24 months salary.
”Vilakazi requested for 24 months payment .
This is maximum remedy for automatically unfair dismissals at the Labour Court and not for discrimination disputes.
I find it just and equitable that the respondent pay the applicant an amount of R50 000 as solatium for the hurt suffered and injury to her dignity as a result.
Compensation is not determined by salary because , if that were the case , it would mean that a high income earner’s dignity
Is more important than that of a low income earner,” read the papers.
The commissioner also ordered the union to formulate a policy on discrimination for the prevention and elimination of unfair discrimination as well as recruitment to govern employment for the prevention of power abuse by senior managers.
He said these policies should be sent via an email to the CCMA by the end of January next year.
Moloto said although it is not him but the union that is cited in the case, he would challenge the outcome of the hearing because the CMMA did not have a jurisdiction over the matter.
“ That is why I did not even testify because that matter is before the Labour Court.
These allegations that she presented in the CCMA hearing are false and denied,” he said.
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