The second part of the woman’s legal action will be for a court to determine the amount she should receive in damages.
In a lengthy judgment, Cloete went over the voluminous submissions on the prison’s organogram, as well as the minister’s submissions that even though the assault happened at the prison during working hours, the minister could not be responsible for a sexual assault. She wanted the key because she was responsible for the inventory office. In his office, he gave it back to her, and at his request, she helped him send an email. As she was leaving he asked her to sit, and she assumed it would be to discuss the altercation in the corridor earlier. He gave her a pamphlet about a restorative justice programme, and also asked after her daughter.
She reported it on the Monday, was subsequently booked off work for weeks, and went to hospital due to the trauma caused by the incident. The manager had claimed that the victim’s accusations were not true, and that the “overwhelmed” social worker, with a heavy case load, actually spoke to him often about her personal problems.Cloete rejected the minister’s submissions that the manager was not doing something that he had been hired to do when he assaulted her, so could not be held liable.
She said case law found that when an employer placed an employee in a special position of trust, the employer bore the responsibility of ensuring that the employee was capable of trust.
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