Employee sues for R10m after claim of rape at staff party

An employee at the Housing Development Agency has lodged three legal claims against the institution and a colleague who claimed she had been promoted for her silence after she was allegedly raped by two senior executives.

The employee, who cannot be named due to the nature of the case, is seeking more than R10m. The claims include a R2m defamation suit against the agency and her colleague, who is a senior manager, for allegedly telling the board that she believed the employee had been raped by two senior male employees after a staff party and was given a promotion in return for her silence. 

The senior manager had told the board that the employee had also, in a separate incident at the same party, engaged in sexual acts with one of the men, who had taken “advantage” of her in full view of other employees as she had allegedly appeared intoxicated.

The claim is that the sexual acts happened in September 2017 in full view of others as the doors and windows were open and the lights on.

The employee, a 42-year-old mother of two, was promoted by her superiors in 2018.

She denies the allegations and has taken civil action in the Johannesburg high court, roping in human settlements minister Mmamoloko Kubayi.

The minister has now demanded a report from the agency, which falls under her department.

In a letter dated August 15 2022 from Kubayi and addressed to the woman’s lawyers, the minister said she had instructed the agency’s board to “provide me with a detailed report regarding the matter”.

Kubayi was responding to a letter the woman’s lawyer had sent to the minister, making her aware of the matter, including court applications.

“I confirm that I was never appraised nor had the knowledge of these issues, and I am only acquiring knowledge hereof through your letter,” Kubayi wrote.

The employee wants the agency to pay her a further R500,000 for trauma and emotional suffering, and R60,000 for current and future medical treatment which involves psychotherapy.

In a separate matter in the labour court, the employee is seeking R3m for harassment and unfair discrimination. She claims the agency launched an investigation which involved allegations of her being raped without even contacting or involving her. 

In a third case, the employee has lodged another legal claim in the Johannesburg high court against her employer for breach of common law for failing to create and maintain a safe environment in which she is not emotionally and psychologically harassed, and for the violation of her constitutional rights. She is seeking R5m.

The matters are awaiting court dates.

According to court papers before the high court and the labour court, the two male superiors alleged to have had sexual intercourse with the employee, and who have since left the agency, were suspended and investigated for allegedly sexually harassing her after the board meeting. 

They lodged counter legal proceedings and reached a settlement before leaving.

The senior manager also indicated to the board she did not expect the employee to admit the allegations.

“As a result of the aforesaid conduct of the defendants [the agency and its senior manager]... the plaintiff’s reputation, self-esteem and dignity is injured [and] the plaintiff suffered emotional shock and trauma,” the employee’s court papers stated.

The agency said in its court papers that the matter had been raised during a board meeting but that the employee’s name was not used, as she was referred to as an “unnamed employee” and that she couldn’t have suffered any harm.

The agency also stated the employee had received “a confidential recording of the board” on which she had based her legal action against the company.

It argued the employee is not entitled to the relief she seeks as she didn’t suffer the harm she alleges in her claim.

In its defence of the claim before the labour court, the agency said it had a duty and responsibility to pursue the allegations made.

Mabu Marweshe, MD of Marweshe Attorneys, which represents the employee, this week said his client had been used “as a pawn in a bigger” plan aimed at taking on the two male senior employees.

“The issue that is very disturbing here is that there is no case for rape opened at any police station, despite there being people who claim to have allegedly witnessed the rape.”

Marweshe said the investigation into the alleged rape was never legitimate as the alleged victim was never consulted despite the agency going ahead with its purported investigation.