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Council faces R20m sex claim

A MPUMALANGA municipality has so far paid more than R1-million to a victim of sexual harassment in an ongoing court case and this amount is possibly set to go as high as R20-million when the matter is wrapped up.

Last week the Pretoria High Court ordered the Dr JS Moroka local municipality, which serves the town of Siyabuswa and surrounds, to pay Esther Mahlangu-Mathibela R473,200 in general damages and medical costs.

In January this year the municipality paid Mahlangu-Mathibela R549,000 and last week's payment brings to more than R1-million, the amount paid so far.

Mahlangu-Mathibela claimed a total of R20-million for general damages, past and future medical expenses as well as loss of income.

Judge Peter Mabuse postponed issues of loss of income and future medical expenses to a date yet to be set.

"I can't wait for this case to finish," Mahlangu-Mathibela told Sowetan. "I want to put this experience behind me."

In 2003 Mahlangu-Mathibela, who was a clerk at the municipality, sued her then boss George Mthimunye and the municipality after Mthimunye sexually harassed her.

She told the Pretoria High Court how she had to fend off Mthimunye's advances for three years.

Mahlangu-Mathibela worked in the municipality's community development division when the sexual advances were made in Mthimunye's office and the council corridors.

Mthimunye was the municipal manager at the time and now occupies the same position at eMalahleni municipality.

James Masango of the DA said he was concerned that a municipality would sacrifice funds earmarked for service delivery when the matter was that of an individual's behaviour.

"Why did the Dr Moroka municipality not distance itself from Mthimunye and his actions, instead of choosing to look after him?" Masango asked.

Dr Moroka municipality acting manager Zamane Mcineka on Friday told Sowetan the council would abide by the court order.

"As a law-abiding institution, we had to pay as per court order."

He said the municipality would not be challenging the latest order since "it is too late to do so".

"It is not possible to challenge this order because we agreed to pay in the case of the first order."

Mcineka said he did not understand why those who were in power at the time had not appealed the order.

Mthimunye declined to comment.

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