Cape traffic chief still at work eight months after sex assault charge

Cape Town – There has been an outcry over the fact that the Western Cape traffic chief Farrel Payne, who in October 2020 appeared at the Cape Town Magistrate’s Court where he was formally charged with sexual assault, crimen injuria and attempting to commit a sex act, is still in his post.

Questions have been asked, including in the provincial legislature, about why eight months after a departmental investigation into the matter was opened, nothing has happened.

Payne replaced long-serving traffic chief Kenny Africa who retired last August.

Last year the complainant in the matter, was reportedly placed on leave by her psychiatrist shortly after she reported the matter. She said she was so traumatised that she was afraid to return to work.

Several colleagues of the complainant in the sexual harassment accusations against Payne have said the fact that he has not been suspended pending investigation shows bias and a lack of leadership from the department.

They say it is unfair that Payne is still reporting for duty despite the criminal charges he faces in court.

A human rights lawyer Tarisai Mchuchu-Macmillan said the province must suspend the Western Cape traffic chief.

Mchuchu-Macmillan, who leads Mosaic, a non-profit-organisation (NPO) that works to prevent and reduce gender-based violence, said according to the Road Traffic Management Corporation Act of 1999 which governs the national road traffic enforcement code, the chief of traffic is the highest authority figure within the traffic department.

“The fact that he is still coming to work jeopardises or puts victims at risk. He’s an authority figure and it signals that the department is not taking the allegations and the criminal charges seriously.

“It is unfair that he is still leading the institution when he himself is criminally charged with such gross misconduct.

“If their policy on sexual harassment and keeping people safe is going to be seen as real and true, the province must suspend him.”

On Thursday in response to queries into the matter from the Cape Argus, spokesperson for the department Jandré Bakker said: “The matter has been and continues to be handled strictly within the bounds of the regulatory and legislative frameworks.

“The head of department is awaiting a finalised investigative report.”

In March this year in a written response to a question asked by Good Party MPL Brett Herron, the then Transport and Public Works MEC Bonginkosi Madikizela said: “A decision to suspend an employee must be based on the applicable legal prescripts. There has been no basis provided upon which to suspend the alleged perpetrator.”

Madikizela said at the time that since 2010, there had been three cases of sexual harassment made within the department, two in the financial year 2011/12 and one in the financial year 2018/19.

He said since 2020 nine additional Sexual Harassment Contact Officers have been trained for the department by the province. The officers are based in various regions and consist of male and female officers to attend to sexual harassment cases.

The department said it continuously informs managers of sexual harassment awareness training and a number of staff members and managers attended sexual harassment awareness training online during 2020.

The provincial government meanwhile offers free interventions to all its employees and immediate family members and makes use of Metropolitan Health for counselling.

Depending on the needs of the employees, the professional staff will advise on a suitable treatment plan for the employee and advise managers on workplace reintegration support.

Cape Argus