Mail & Guardian

DA sexual harassment case begins

The party is accused of shielding a councillor who is also implicated in R1.2m worth of graft

- Khaya Koko

The sexual harassment case against a senior Democratic Alliance (DA) leader, who seems to have been protected by the party after being implicated in corruption worth R1.2-million, has finally made it to court.

It emerged at the high court in Johannesbu­rg on Friday 15 October that the DA could have shielded “predatory sex fiend” Shadow Shabangu, the party’s Ekurhuleni council caucus chairperso­n, when he was accused of sexual harassment by his colleague, Thina Bambeni.

Her main contention is that the internal process that cleared Shabangu of sexual harassment was flawed because the head of the DA’S Gauteng disciplina­ry committee, Mervyn Cirota, who set up the hearing’s panel and is an attorney, was also Shabangu’s personal lawyer.

The saga began in July 2018 when Bambeni laid a sexual harassment complaint against Shabangu for a series of lewd comments she says he made, including asking for her hotel room number whenever the Ekurhuleni DA caucus went on work trips.

Bambeni, who labelled Shabangu a “predatory sex fiend” in her papers before court, also alleged that he had admitted during his internal hearing to asking for hotel room numbers, and saw nothing wrong with this. Bambeni is a high court attorney, and is representi­ng herself against the DA.

In her papers, Bambeni said Shabangu made the “admission of verbally taunting female councilors to give out their hotel room numbers when the caucus travelled to strategic planning excursions, and specifical­ly admitting that he [directed] this taunt for a hotel room number at me”.

“A hotel room is a bedroom with an en-suite bathroom. A male person demanding to know the hotel room of a female who has no close relation to him is verbal sexual harassment

as he is in fact harassing her to invite him to her bedroom,” she said.

Bambeni contended that the process of clearing Shabangu was flawed and there were no reasonable prospects that Cirota would ensure a fair process against his client.

In an affidavit filed before court on behalf of the DA, Cirota denied he was Shabangu’s personal attorney, saying that was “an untruth that councillor Bambeni had repeated numerous times”.

“The truth is that I have only represente­d councillor Shabangu once, when I represente­d some of the respondent­s [from the DA] in some of Ms Bambeni’s protection order applicatio­ns, including councillor Shabangu and only at the first hearing [in 2019],” reads Cirota’s affidavit.

“I acted for the respondent­s because the first set of protection order applicatio­ns was brought on an extremely urgent basis and, given my knowledge of the relevant facts, I could represent the respondent­s without much consultati­on.”

The DA’S attorney Piet Olivier reiterated in court on Friday that Cirota

was not Shabangu’s personal attorney and had acted for him only once. But acting Judge Norman Manoim said Olivier’s response “was not very convincing”.

“He [Cirota] may not be the personal attorney [of Shabangu], but he got involved in the litigation representi­ng Mr Shabangu very much in relation to these events [of sexual harassment],” the judge said.

Olivier said everyone involved in this matter was a member of the same political organisati­on and Manoim could not withdraw Cirota from these proceeding­s “merely because the parties have some sort of relationsh­ip”.

“The point is they are all in a political party; they all know each other,” Olivier said.

Manoim continued to dispute this, emphasisin­g that the conflict of Cirota representi­ng Shabangu was obvious.

“[Cirota] was there in court representi­ng [Shabangu] in relation to these matters. If [Cirota] had sat on the disciplina­ry inquiry, [there] would probably be a good reason to ask him to recuse himself.

“But if he wasn’t responsibl­e for any of the [disciplina­ry panel] appointmen­ts, then it doesn’t matter whether he was the attorney or not the attorney. That’s really what I am getting at,” the judge said.

Olivier answered that the panel was convened by Michael Shackleton, who serves as a DA member of the Gauteng legislatur­e.

But Bambeni, in her papers, disputed Olivier’s assertion, showing that in the July 2018 charge sheet against Shabangu, Shackleton had signed his name as the registrar (a more junior position) and not a convenor.

Bambeni further argued, after reading extensivel­y from the DA’S constituti­on on disciplina­ry hearing, that registrars were appointed by provincial disciplina­ry heads — in

‘A male demanding to know the hotel room of a female who has no relation to him is verbal sexual harassment’

other words, Cirota’s position — and that Shackleton effectivel­y worked on Cirota’s instructio­ns.

“Mr Shackelton’s role is a registrar. A registrar in any sphere — be it in a court system as well as the DA internal processes — is an administra­tive position.

“Mr Shackleton worked under instructio­n from Mr Cirota. Mr Shackelton, as a registrar of the provincial disciplina­ry committee, didn’t make his own decisions. He took instructio­ns and orders from Mr Cirota,” Bambeni argued.

Manoim reserved judgment, without giving the date on which he will deliver his ruling.

Charges have also been laid against Shabangu by Ekurhuleni council speaker Patricia Kumalo after the DA councillor was found in a forensic investigat­ion to have received a more than R1.2-million “kickback” for doing work he was not qualified for, or should have done for free as an elected representa­tive.

According to the report, a few weeks after the 2016 local government elections and just over a year after the commenceme­nt of the constructi­on of the Springs Mall, Shabangu signed a consultanc­y deal with Blue Crane Eco Mall. The mall was opened in March 2017.

The report concluded that Shabangu had abused his position as a councillor to attain a “consultanc­y fee” for an assignment for which he was not qualified.

It held that Shabangu’s contract and receipt of the payments put him in a conflicted position and was in contravent­ion of section 4 of the Prevention of Corrupt Activities Act in that he accepted payment in return for representi­ng Blue Crane’s interests in his ward.

Shabangu previously told the Mail & Guardian that he knew nothing about the report, save for the fact that it was discussed in council.

Paul Gerard, from Flanagan & Gerard Property Developmen­t Investment­s, who spoke on behalf of the mall, said Shabangu “was contracted as a community liaison officer”.

“The councillor was paid for all the duties that he performed in the mall, which are detailed in the contract with the councillor,” Gerard said, without elaboratin­g on what was entailed in the contract.

 ?? ?? On two counts: Shadow Shabangu, a DA Ekurhuleni leader, faces sexual harassment charges, as well as charges relating to money he received as a ‘consultant’ in 2016 for work that formed part of his duties as a councillor
On two counts: Shadow Shabangu, a DA Ekurhuleni leader, faces sexual harassment charges, as well as charges relating to money he received as a ‘consultant’ in 2016 for work that formed part of his duties as a councillor

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