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An internal investigation into allegations of sexual misconduct against an eThekwini municipality senior manager has revealed accounts of job promotions being given out in return for sexual favours.
The damning revelations are contained in a leaked report — seen by the Mail & Guardian — from the probe conducted by the City Integrity and Investigations Unit (CIIU). It emanates from a junior staff member who deposed an affidavit accusing her senior manager Lungisa Msiya of sexual harassment.
The M&G previously reported how the City of eThekwini’s top brass had allegedly tried to protect the accused man by sweeping the report under the carpet.
The report from the investigation conducted by four people was signed off by CIIU director Jimmy Ngcobo and handed over to city manager Musa Mbhele for implementation.
“The staff members allege that there are serious allegations of sexual misconduct in their office. Mr Msiya is alleged to be sleeping with staff members. Some even shared that he harasses them during working hours in the office,” the 27 page document says.
The allegations of sexual harassment, misconduct, favouritism and victimisation were previously reported to municipal executive management who failed to act, the report adds.
“According to these witnesses, Mr Msiya walks around asking the staff what’s the problem because they are adults and whatever they are doing is consensual,” it says.
In one of its recommendations, it says Msiya violated the sexual harassment policy and should be disciplined. Another recommendation says the alleged victim should present her case to the municipal tribunal.
“The conduct displayed by Mr Msiya fit legal definition of sexual harassment and harassment in that Mr Msiya has committed acts and made utterances that are persistent deamining humiliating and the conduct has a sexual component,” it says.
The report says Msiya denied all the allegations against him, calling them a smear campaign to tarnish his name.
“His approach to everyone on the floor has always been to be serious about work, but also maintain a carefree environment where people talk and joke around. The complainant was one of those people he joked a lot with,” it says.
“He stated that the complainant shared a lot of personal information with him including her upbringing issues. He wanted to know how one sharing personal information with you is harassing you. She should be extra vigilant around him if the alleged harassment was going on all these years until now.”
Msiya also told the investigators that the complainant was falsely accusing him of sexual harassment because she had been implicated in making fraudulent payment to leaders of the South African Municipal Workers Union. Msiya however did not provide any evidence to substantiate this claim.
The alleged victim has had to be hospitalised and receive trauma counselling several times following the ordeal, internal sources previously told the M&G.
Sources say this is not the first time that Msiya had been found guilty of misconduct. In April, another report recommended his suspension.
Asked for comment by the M&G, the municipality said it could not discuss internal matters with the public.
“As a matter of principle, and in accordance with the provisions of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) and the Disciplinary Regulations for Senior Managers (2010), the Municipality does not disclose details of internal disciplinary process to third parties including the media,” it said.