Portfolio Committee: Ehlanzeni TVET College Sexual Harassment Committee Concern

• The Portfolio Committee on Higher Education and Training expressed serious concern over Ehlanzeni TVET College's handling of sexual harassment allegations involving a senior employee and an intern.
• College management closed the case because the intern was unwilling to testify and had left the institution, a decision the committee found insufficient.
• Committee Chairperson Mr. Tebogo Letsie stated that an institution's responsibility to assess allegations and protect employees remains, even without complainant testimony.
• The committee identified apparent gaps in the college's sexual harassment policies and procedures.
• A thorough, independent review of the case handling and a strengthening of institutional rules on sexual harassment and power dynamics have been demanded by the committee.

The reluctance of a complainant to testify does not remove an institution's responsibility to assess the allegations or to determine whether other evidence is available and take reasonable steps to protect students and employees from possible harm.

The Portfolio Committee on Higher Education and Training has voiced significant apprehension regarding how Ehlanzeni Technical and Vocational Education and Training College in Mpumalanga addressed allegations of sexual harassment. During a recent oversight visit to the college, the committee was informed about a serious complaint: a group of female employees had reported that a senior manager at the institution allegedly made inappropriate advances toward an intern. Furthermore, it was claimed that the manager threatened not to extend the intern's contract after she rejected his advances.

College management subsequently informed the parliamentary committee that the matter was not pursued further. Their reasoning was that the intern involved was unwilling to provide testimony and had since departed from the institution. This explanation prompted immediate concern from the committee members, who expressed dismay that the intern's apparent reluctance to participate had led to the closure of the case without a comprehensive evaluation of the allegations, any available evidence, or the potential risk posed to other interns and junior employees within the college environment.

Mr. Tebogo Letsie, the Chairperson of the Portfolio Committee, underscored the critical obligation of institutions to respond to sexual harassment allegations with due process, protection for complainants, and a thorough consideration of all evidence. He firmly stated that a complainant's unwillingness to testify does not absolve an institution of its responsibility to assess the allegations, seek out other potential evidence, or implement reasonable measures to safeguard students and employees from harm. This highlights a key aspect of South Africa higher education sexual harassment protocols.

Mr. Letsie further elaborated that the Ehlanzeni TVET College should have explored whether other employees possessed relevant information, assessed the adequacy of support offered to the intern, and determined if the allegations pointed to a broader systemic risk requiring additional intervention. The committee also identified an apparent deficiency in the college's existing policies and procedures designed to prevent and address sexual harassment, the abuse of authority, and inappropriate relationships involving staff, students, and interns. This concern points directly to gaps in workplace sexual harassment policy ZA compliance within the Mpumalanga TVET college system.

In response to their findings, the committee has strongly urged both Ehlanzeni TVET College and the Department of Higher Education and Training to conduct an exhaustive and independent review of the entire handling of the matter. This review must ascertain precisely what was reported, the specific steps taken by the college, the nature of support provided to the intern, and whether the college adhered to its applicable policies and procedures. Crucially, the review is also tasked with determining if further investigation can proceed without compromising the rights and confidentiality of all parties involved.

The committee further advocated for the establishment of clear institutional rules that specifically address sexual harassment, conflicts of interest, the abuse of authority, and relationships where a staff member holds supervisory, academic, or employment power over a student, intern, or junior employee. Emphasizing the need for robust intern protection sexual harassment South Africa, the Chairperson stressed that students, interns, and employees must have access to safe and confidential reporting mechanisms, free from any fear that their academic pursuits, employment, or future opportunities could be jeopardized. Institutions, he added, must provide appropriate support and actively protect complainants and witnesses from any form of retaliation. The committee plans to formally request a written report from both the college and the department detailing their response to the allegations, their relevant policies, and the corrective actions they intend to implement, as they continue their Mpumalanga oversight programme.

This development signals increased parliamentary scrutiny on how educational institutions and employers handle sexual harassment allegations, particularly regarding the obligation to investigate and protect employees/interns even when a complainant is reluctant to testify. Lawyers should advise clients, especially those in higher education, to review and strengthen their internal sexual harassment policies, investigation protocols, and support mechanisms to ensure compliance with due process and mitigate regulatory and reputational risk.

Source: Original reporting via Parliament of South Africa