Council told to pay R1.3m for sexual harassment
AN MPUMALANGA municipality is due to hold an urgent council meeting this week to take a resolution on what to do after it was ordered to pay a former employee R1.3-million in damages
JACOB MABENA Last week the Dr JS Moroka municipality in Siyabuswa had to make a last-minute payment of R549,000 for the legal costs after 11 of its vehicles, worth more than R1-million, were attached.
The vehicles included the mayor's luxury Mercedes Benz C 200 Kompressor sedan, seven sedans, two graders and a water tanker. They were attached to recoup Esther Mahlangu-Mathibela's legal costs incurred during the lengthy lawsuit in the Pretoria High Court.
The municipality has yet to pay the R1.3-million in damages. In 2010 the Pretoria High Court ordered the municipality to pay its former clerk, Mahlangu-Mathibela, after she was sexually harassed by former municipal manager George Mthimunye.
But the current municipal manager, Jacob Mabena, yesterday told Sowetan he believed the judgment against the municipality was unfair and he would seek legal advice on the "way forward".
"An institution can't rape. Mr. Mthimunye committed the said misconduct in his personal capacity and we feel the court erred when it found the municipality guilty of sexual harassment," said Mabena.
But Judge Jody Kollapen said the municipality failed to prevent the sexual harassment from taking place.
In 2003, Mahlangu-Mathibela sued Mthimunye and the municipality for sexual harassment, claiming that the ordeal had allegedly taken place between 1998 and 2001.
She told the Pretoria High Court how she had to fend off Mthimunye's advances for three years.
At the time Mthimunye was her boss. She was working in the municipality's community development division when the sexual advances were made in Mthimunye's office and the council's corridors.
Mahlangu-Mathibela won the case in 2010 and was awarded R1.3-million in damages. In December 2011 she served the municipality with a warrant of execution for her legal fees, and on January 12 this year, the sheriff of the court issued a final warning to the municipality to either pay the outstanding amount within 14 days or have its assets attached.
Last Thursday, the sheriff locked the gates to the municipality's vehicle depot, refusing to allow vehicles to leave the depot until such time that the outstanding amount had been paid.
Mabena arranged to pay the amount when the vehicles were about to be taken away.
Anthony Benadie, DA leader in Mpumalanga, said it was absurd that the municipality had agreed to pay for the legal fees of one its employees for sexual misconduct. "Now the municipality faces an expense of over R1.8-million to the detriment of the destitute and the poor," said Benadie.
Mahlangu-Mathibela's husband, Steve Mathibela, said the harassment had left his wife traumatised.
Mthimunye's shenanigans
maneater
oooohhh kwasuka lokho!!!!!!!!!!! check the comments that are gonna follow..........Report Abuse
tsayaya
my understanding why the council was sued is that it failed to act against Mthimunye, i think its fair because they were covering up for one of their own.you horny bastards, leave your erections at home when you go to work.
i wonder why Mr Mathibela didn't moer this Mthimunye horny goa+?
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tsayaya
ayobanessshe enjoyed moos nxa sies
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speak for yourself sisi, may be you enjoy sexual harassment, but not Miss Mathibela
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BaleliM
She was in position to stop this an should have reported this immediately rather than wait for it to continue for 3 yrs.If a woman takes action immediately, then it is indeed something that she does not want. If it takes longer than necessary, then i raise my eyebrow.
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ayobaness
@tsayayais she yo mother?
mayb thats what u do to survive
accusing men for rape in order to get moolah get a life gal
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MGEEZ
@maneateroooohhh kwasuka lokho!!!!!!!!!!! check the comments that are gonna follow..........
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Hahahahahahaha!!!!! you are a stirrer!!!!
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