The key witnesses who testified in a sexual harassment investigation against eThekwini metro senior manager are fearing for their safety.
The terrified employees, who spoke to the Mail & Guardian this week, say the alleged perpetrator, Lungisa Msiya, was hounding them to change the version of the statement so that he could be exonerated.
“I fear for my job and for my own safety because he is a powerful man. He also enjoys protection from top officials in the municipality. He recently approached me and instructed that I should testify on his behalf during a disciplinary hearing. I vehemently refused but I fear that I might lose my job because of the stance I have taken,” an employee said.
Last year, the City’s Integrity and Investigations Unit (CIIU), a structure in the metro charged with investigating misconduct by city officials, found Msiya guilty of a sexual harassment charge. It made damning findings against him.
Myisa’s offence emanated from a junior official who alleged that on many occasions, the senior manager had made unwanted sexual advances towards her.
Although the CIIU found him guilty, Msiya, a senior manager in the city’s accounts payable department, continues to occupy his top job. He has been summoned to another parallel disciplinary process.
As previously reported by the M&G, the investigation concluded that “the conduct displayed by Mr Msiya fit legal definition of sexual harassment and harassment in that Mr Msiya has committed the acts and made utterances that are persistently demeaning and humiliating and the conduct has a sexual component”.
It further states: “According to the witnesses, Mr Msiya walks around asking staff what the problem is because they are adults and whatever they are doing is consensual.”
In her evidence in chief, the victim, who is known to the M&G, said Msiya had sent her text messages, requesting they have a sexual relationship. In one of the messages, the complainant said he had flashed two condoms at her and asked: “When are we going to use them?” In another, he told her that he had booked an expensive hotel in the posh suburb of uMhlanga and asked her to go with him on a sexual escapade.
The M&G has seen a recent leaked message in which Msiya requests a witness to testify on his behalf in the ongoing disciplinary process. However, the junior employee refuses.
“I’m not comfortable testifying. I prefer being neutral in the matter. I’m also afraid because I’m told that this case now involves politicians,” the employee replies.
The metro’s top brass has allegedly disregarded the investigators’ recommendation that Msiya not be in contact with her or in proximity to her.
“He is still working in the building where I also report to. For me, this is a secondary victimisation. My health and mental state has deteriorated. The dragging of the matter is not helping either,” she told the M&G.
Responding to the findings of the CIIU, eThekwini metro spokesperson Mandla Nsele said: “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 processes to third parties, including the media.
“This approach ensures compliance with legal requirements governing confidentiality and procedural fairness and applies irrespective of the nature or credibility of the allegations.”
Parliament’s standing committee on public accounts has questioned metro accounting officers, demanding to know why the sensitive case had been mishandled. The committee has also expressed concern that the case had dragged on for a long time.