\u201cI repeatedly and clearly told him that I did not want to have unprotected sex. He agreed and we continued kissing. Suddenly, he penetrated me. I was shocked. I didn\u2019t know what to do. At no stage had I consented to being penetrated.\u201d<\/p>\n
Like this story? Be an amaB Supporter<\/a> <\/span>to help us do more. Sign up for our newsletter<\/a><\/span> to get more.<\/em><\/p>\n These allegations are contained in a review application, brought by a 30-year-old law student against the University of South Africa (Unisa) and a professor who allegedly abused her in 2014.<\/p>\n AmaBhungane can reveal that this student is the same woman claiming wrongful arrest after deputy finance minister David Masondo initiated a case of extortion against her.<\/p>\n The student is Masondo\u2019s ex-lover and bore his aborted child.<\/p>\n Last year, the Hawks mounted an undercover sting, leading to her arrest \u2013 an operation the woman brands as an abuse of state resources to settle Masondo\u2019s personal dispute with her. Masondo has denied wrongdoing, saying her \u201crepeated harassment\u201d justified him laying charges.<\/p>\n After months of delay, the National Prosecuting Authority declined to prosecute her (see Masondo\u2019s ex-lover demands R1m for \u2018wrongful arrest\u2019<\/a>), raising more questions about the probity of the institutional forces that orchestrated her arrest.<\/p>\n Now evidence has emerged suggesting the Hawks\u2019 action represented a repeat victimisation of this woman by a system tilted to favour the powerful \u2013 the first occasion being when her complaint against the professor was mishandled by Unisa.\u00a0 \u00a0<\/span><\/p>\n In a case that began long before her fallout with Masondo, she has gone to court to overturn the university disciplinary process that ended up clearing the professor on charges of sexual harassment.<\/p>\n She is also asking the Pretoria high court to order Unisa to draft and implement a policy to regulate the proper reporting and processing of sexual harassment and sexual abuse at the university.<\/p>\n Central to her case are arguments that the university took a cavalier approach to her complaint and that the disciplinary committee made an egregious error when it found that she had given consent that extended to unprotected sex \u2013 something she vehemently denies.<\/p>\n The review application, launched in 2018, seeks to replace the \u201cnot guilty\u201d finding with a \u201cguilty\u201d finding against the professor or, alternatively, seeks that the court remit the matter to Unisa for a new decision from a reconstituted disciplinary committee.<\/p>\n The student is being represented by the Legal Resources Centre.\u00a0 \u00a0<\/span><\/p>\n In what is stacking up to be an embarrassing exposure of the university\u2019s attitude to dealing with sexual contact between staff and students, Unisa is strongly defending its conduct and is also attempting to block the admission of a women\u2019s advocacy group as a friend of the court.<\/p>\n The Women\u2019s Legal Centre has applied to join the case as an amicus to provide evidence to the court about the systemic nature of sexual abuse in South Africa as well as the need for a victim-centred approach to dealing with complaints.<\/p>\n Admission of an amicus is generally uncontroversial, but Unisa has strenuously opposed the application, accusing the Women\u2019s Legal Centre of \u201cmalicious intent\u201d to try to \u201cre-arrange policies\u201d at Unisa \u201con the absurd grounds that they ought to be victim-centred\u201d.<\/p>\n In 2017, the student also launched a separate R950 000 damages claim against Unisa and the professor, in which she is being represented by a private law firm, Fluxmans.<\/p>\n Unisa is opposing both matters, stating that there are no grounds, legally or factually, for the relief sought.<\/p>\n In the review application, the student details how she met with the professor on 17 November 2014 in his office to discuss a novel she had been writing.<\/p>\n She had talked to the university\u2019s publishers and they had suggested she approach an academic to assist her with the editing.<\/p>\n She had picked the professor off the Unisa website, called him to arrange a meeting and emailed him the first two chapters.<\/p>\n They had never met before.<\/p>\n She records: \u201cHe told me that he had read my chapters and was very impressed. We went on to discuss my novel, the inspiration behind it and my life in general. Our first meeting was lengthy. The conversation had the tone of a mentor speaking with a mentee\u2026<\/p>\n \u201cDuring our meeting, it began to rain. I told the professor that it was time for me to leave. He offered to give me a lift home and I accepted. During the walk to the car and the trip home, it became clear that the professor had a romantic interest in me. I was flattered and was dazzled by the fact that he was a professor, an educated and well-respected man.\u201d<\/p>\n At her flat,\u00a0 <\/span>she states, the two started kissing and she realised that the professor wanted to go further.<\/p>\n She suggested the two go out and get condoms from a neighbouring caf\u00e9 in her complex.<\/p>\n The woman claims the professor assured her that they would not have penetrative sex. She states: \u201cI trusted him when he told me that we would not have sex\u2026 At no point did I consent to sex without a condom.<\/p>\n \u201cThe professor went on kissing and touching me. All of a sudden, he penetrated me. I froze. My body could not move and I was dismayed. He continued to penetrate me, but it did not last very long. I tried to push him off, but he was too heavy and told me not to worry. He ejaculated inside of me and then lay where he was \u2013 inside of me and on top of me.<\/p>\n \u201cI used my hand to remove his penis from my vagina. When I did so, I felt that he had genital warts on his penis. I was shocked and became numb. He went to the bathroom. I kept telling myself that he was a decent and educated man, and it would all be okay. He stayed for a while and made small talk\u2026<\/p>\n \u201cI was upset and confused by his behaviour \u2013 he had just penetrated me against my will but was acting as though nothing had happened. I had trusted him and he had betrayed that trust.\u201d<\/p>\n After the incident, she says, she spent the evening in her flat, feeling overwhelmed and worried.<\/p>\n The student\u2019s version is by no means uncontested.<\/p>\n Unisa\u2019s vice-principal for institutional development and transformation filed an answering affidavit on behalf of both the university and the professor (according to the filing sheet) \u2013 suggesting Unisa has made common cause with its employee against its student.<\/p>\n The respondents\u2019 version includes the claim that the student \u201cengaged in a consensual intimate moment\u201d with the professor and a denial that she was \u201cever pressurised in any way \u2026 to do anything she did not wish to\u201d.<\/p>\n The university cites the professor\u2019s testimony at the disciplinary inquiry, claiming the student \u201cwas the initiator of the romantic gesture on the day in question\u201d and his denial that there was \u201ca penetrative sexual act between them\u201d.<\/p>\n As we will see, the university\u2019s response is somewhat misleading, given that the disciplinary committee took the view that it did not need to decide whether penetration had taken place or not.<\/p>\n The student observes in her reply: \u201cI note that the university has taken a firm stance about what happened during the assault, without having first-hand knowledge and in the face of clear evidence to the contrary by myself. This is indicative of the university\u2019s attitude throughout its dealings with me.\u201d<\/p>\n Let us leave aside for now the dispute over exactly what happened between the student and the professor.<\/p>\n Beyond that, the seemingly uncontested facts about how the university responded when the student spoke up \u2013 and how it continues to respond \u2013 tell a dismal story of, at best, the marginalisation of the complainant.<\/p>\n She says that after the incident, she was not sure how to handle the situation.<\/p>\n In early December, she felt sick and sent the professor a message, saying that she hoped he had not infected her. She asked him to take an HIV test and provide her with the results.<\/p>\n \u201cHe responded by stating that he knew what I was up to. I did not understand his response and requested (again and again) that he get tested.\u201d<\/p>\n \u201cOn or around 8 December 2014, I informed him that we should meet at Unisa to discuss the HIV test. He refused to get tested. I told him that I would report him to the vice-chancellor of Unisa if he did not agree. He persisted in his refusal.<\/p>\n After his refusal, the student approached the office of the vice-chancellor to lay a complaint, but was referred to the dean of students.<\/p>\n The dean arranged for the student to meet with her in her car as she (the dean) said the matter was sensitive. The student was asked to write up a statement, which she emailed to the dean on 20 December 2014.<\/p>\n The student complains that at no stage did the dean advise her about how to proceed, whether it be to lay a charge with the police; or explain the process for lodging a formal complaint of sexual harassment at Unisa; or assist her to get medical attention; or refer her to a counsellor.<\/p>\n \u201cThe only thing that [the dean] said to me was that I should sue Unisa because they do not have a proper sexual harassment policy.\u201d<\/p>\n The dean informed her that, given that it was a week before Christmas, she could not get hold of the professor, and promised to contact her when he responded.<\/p>\n Contact resumed in January 2015, when the dean informed the student that the professor had agreed to get tested. However, this did not happen.<\/p>\n On 27 February, the student wrote to the dean, asking her to accompany the student to get tested for HIV as it did not look like the professor was going to comply. The student also requested that \u201cwe should take further steps\u201d.<\/p>\n On 15 March 2015, she received an email from the dean, confirming that she would arrange a meeting to pursue the matter through the disciplinary processes of the university \u201cto ensure that justice is done\u201d.<\/p>\n The student records: \u201cShe never \u2026 arranged the abovementioned meeting. I responded to the email \u2026 telling her that I was not coping… I reiterated that he had sexually assaulted me and had not used protection.<\/p>\n \u201cShe assured me that the matter would be handled through the Unisa disciplinary process. However, she took no steps to initiate the disciplinary process\u2026 As I later found out, one of the only actions she took during this time was to share my statement with [the professor] without my consent.\u201d<\/p>\n The student states that by 25 May 2015, she had become frustrated and decided to sit outside the dean\u2019s office until she agreed to meet her.<\/p>\n By chance, the dean was concluding a meeting with a Unisa social worker and asked her (the social worker) to sit in. It was through this encounter that the student received her first real help. The social worker advised that the matter be escalated to Unisa\u2019s legal department and arranged for a victim impact statement to be taken.<\/p>\n Again the dean delayed filing the formal complaint. It was eventually filed by the social worker on 7 July 2015.<\/p>\n The social worker also advised the student to go for an HIV test.<\/p>\n The student records: \u201cI went to the doctor for an HIV test and a Pap smear. The doctor confirmed that I had been infected with a sexually transmitted disease by someone who had genital warts. I know that I was infected by [the professor]. I handed the report to [the Unisa legal representative] and it was never returned to me.\u201d<\/p>\n \u201cIn August 2015, I received [the professor\u2019s] statement (dated 12 February 2015)… It was shocking. His tone was deeply condescending and he did not seem to understand the severity of his conduct.<\/p>\n \u201cI further reported the sexual assault to Akasia Police Station. I was informed by the investigating officer [that] they could not proceed with my case due to a lack of evidence. I am advised that this commonly happens in cases involving sexual assault.\u201d<\/p>\n On 2 September 2015, more than nine months after the student reported the incident to the dean, Unisa charged the professor with sexual harassment and a breach of the university code of conduct.<\/p>\n A disciplinary hearing was set down for 30 September 2015.<\/p>\n The student applied to have legal representation at the hearing. The request was denied and she was told she was \u201ca witness only\u201d.<\/p>\n As a consequence, neither she nor anyone representing her was present during the testimony of the professor or any of the other witnesses.<\/p>\n She notes in her reply to Unisa\u2019s affidavit: \u201cThe callousness of the university is illustrated by its comment that \u2018as a witness, she had served her purpose by giving evidence when she was called in to do so. Her being absent from the proceedings thereafter has not affected the proceedings negatively.\u2019<\/p>\n \u201cThis utterly disregards the negative impact on me, as the victim… I deny that [the Unisa prosecutor] adequately represented my interests. He represented the interests and case of the university. The transcript is further filled with abusive cross-examination and lack of any protection from the committee or [the prosecutor].\u201d<\/p>\n On 17 November 2016, the student received an email from the university, stating that the professor was found not guilty of the charges against him.<\/p>\n The email neither explained the reasons for the ruling nor enclosed a written decision by the disciplinary committee. When the student asked for the detailed ruling, she was informed that she was not entitled to receive it as she was only a witness.<\/p>\n She only received a copy after the Legal Resources Centre got involved and her lawyer wrote to Unisa in January 2017.<\/p>\n How did the disciplinary committee reach its finding?<\/p>\n According to the student, it was via two crucial sleights of hand.<\/p>\n \u201cI had testified that I had introduced myself to the professor as a student and the professor testified that I had introduced myself as a writer and a journalist. This issue was important in determining whether there was a perceived power imbalance between the professor and [me].\u201d<\/p>\n According to the verdict, the version of the professor was given the benefit of the doubt \u201cas the employer [Unisa] left it unchallenged\u201d \u2013 which would seem to support the student\u2019s complaint about the way in which Unisa failed to represent her properly.<\/p>\n That allowed the committee to conclude that, while the professor might have breached the code if he had known the woman was a student, the question of abuse of power would not arise in a situation where there were two consenting adults involved.<\/p>\n Regarding the student\u2019s version of the encounter, the committee appeared to come to the conclusion that, because there was consent to some form of sexual interaction, the question of harassment did not arise.<\/p>\n The committee explained it \u201cwas cognisant of the fact that the accused employee disputed that penetrative sex occurred, [but] the determination of whether there was penetrative sex or not was irrelevant to the charge of sexual harassment\u201d.<\/p>\n The student notes: \u201cAlthough I consented to kissing and other forms of conduct, I did not consent to unprotected sex. The committee has adopted the approach that once consent has been given for one type of conduct, it applies to all subsequent conduct and cannot be withdrawn. This approach is irrational and unreasonable, and is based on a mistaken understanding of the applicable laws.\u201d<\/p>\n While Unisa delivers a spirited defence of its disciplinary finding, it offers almost no explanation for its shoddy handling of the complaint.<\/p>\n The student argues that the case raises \u201cimportant issues about the treatment of victims and the handling of claims of sexual harassment and abuse by persons in positions of power at a public university\u201d.<\/p>\n The Womens Legal Centre concurs.<\/p>\n Like this story? Be an amaB Supporter<\/a> <\/span>to help us do more. Sign up for our newsletter<\/a><\/span> to get more.<\/em><\/p>\n It notes: \u201cThe processes followed by Unisa at the preliminary, investigative stage of proceedings and later, during the disciplinary hearing, expressly marginalised the complainant.\u201d<\/p>\n The case has not yet been set down for hearing.<\/p>\n","protected":false},"excerpt":{"rendered":" The woman at the centre of the David Masondo imbroglio is suing the university over a sexual abuse case,\u00a0highlighting institutional failure.<\/p>\n","protected":false},"author":4,"featured_media":21562,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[3,305,302,306,307,308],"class_list":["post-10961","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-stories","tag-amabhungane","tag-david-m","tag-david-masondo","tag-gbv","tag-gender-based-violence","tag-unisa"],"acf":[],"_links":{"self":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/comments?post=10961"}],"version-history":[{"count":1,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10961\/revisions"}],"predecessor-version":[{"id":30248,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/posts\/10961\/revisions\/30248"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media\/21562"}],"wp:attachment":[{"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/media?parent=10961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/categories?post=10961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/further.co.za\/amabwp\/wp-json\/wp\/v2\/tags?post=10961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Where it all started<\/h5>\n
Contested<\/h5>\n
Secondary victimisation<\/h5>\n
Delays<\/h5>\n
Warts<\/h5>\n
Representation<\/h5>\n
Not guilty<\/h5>\n