- My life is upside down, I feel humiliated
- I believe there are more victims at the municipality
- She was paid R497 634 for damages
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“My life is upside down, I feel humiliated, and the whole experience has affected my quality of life. My self-esteem has taken a severe knock.”
So says Selwane Mfana after her terrible experience at the hands of a Matjhabeng head of department (HOD) who sexually harassed her during, and after, an interview process at the Matjhabeng Municipality.
Mfana has been working for the Matjhabeng Department of Safety and Transport for 20 years now.
She has a diploma in Criminal Justice and a diploma in Security Management, and so when a senior supervisor position in that department was advertised in 2022, she felt confident enough to apply for the job.
“I was shortlisted for the position and invited to an interview. This is when my whole world came tumbling down,” says Mfana.
She has decided to speak out about her harrowing experience.
“I don’t think the council knows about this incident, and by me speaking out I also want to encourage other Matjhabeng employees to speak out. I believe there are more victims at the municipality who are waiting to be heard.
“I want to be a champion for the unheard.
“The man who assaulted me has a reputation and I have decided not to be a victim. My experience thus far has been a rollercoaster of painful memories and experiences, but now I will stand tall.”
Mfana was sexually harassed by Sam Mokhuoa,a head of department at the municipality.
The incident took place on 26 August 2022, during a tea break while she was attending a job interview process. Mokhuoa was one of the people conducting the interviews.
Mfana immediately reported the unsolicited touching of her body, an obscene telephone call, and a WhatsApp message she received from an unknown number (later ascertained to be from Mokhuoa) to her superiors (including the mayor), but to no avail.
Then in sheer desperation she referred her dispute to the Council for Conciliation, Mediation and Arbitration (CCMA) on 22 September 2022, and the CCMA found in her favour in March 2023, and ordered that the municipality pay her compensation of R497 634 for damages.
Mokhuoa has been suspended from the municipality, but not dismissed.
In the CCMA report it is stated that Mokhuoa abused his authority as HOD when he made sexual advances to Mfana.
“It was evident that he wanted the applicant to accede to sexual favours on a promise that in exchange he would give her the senior superintendent position.”
Because Mokhuoa was a senior to Mfana, the CCMA ruled the applicant was subjected to vertical harassment sufficient to render the workplace hostile or intimidating for her.
“It undermined the noble fact that she could progress and develop purely based on her capabilities, therefore creating a barrier to equity in the workplace.”
Mfana testified that she felt management did not care about her wellbeing, and she was compelled to go for counselling.
During the hearing the existence of the municipality’s sexual harassment policy was put under question. This is a law in South Africa.
As the municipality had stated that it was unable to pay the monies due to Mfana, the sheriff of the court on Monday, 11 September, proceeded to confiscate muni- cipal vehicles to the value of the money owing to Mfana.
