Cape Town - Western Cape Premier Alan Winde received the report from the independent investigator, Advocate Jennifer Williams after sexual misconduct allegations surfaced against Albert Fritz.
“The terms of reference were for Advocate Williams to assess the factual correctness of the allegations that were made against Mr Fritz and to produce a report which could inform my decision as Premier regarding the credibility of the allegations. The terms of reference required the process to be fair both to Mr Fritz and to the complainants.
“The allegations against Mr Fritz are: sexual misconduct, alcohol abuse and grooming, which relates to the creation of circumstances which enabled sexual misconduct.
“Following the handover to Advocate Williams of the information supplied to me by the complainants (in confidence), I had no further engagement with her until the report was delivered to me on Sunday,” Winde said.
On Tuesday, Winde announced the removal of Fritz from his cabinet effective immediately and confirmed four people came forward with regards to the allegations along with two corroborators.
He said the report noted Williams interviewed 18 witnesses, including the complainants and collateral witnesses, and Fritz, along with his own nominated witnesses.
During the process, Winde said he was informed that witnesses had submitted photographs, emails, videos, text messages and correspondence which were also considered.
Fritz was given the opportunity to respond to the allegations.
Before doing so, he was provided with a summary of the allegations and a set of questions which arose during the investigation.
Winde said Fritz provided a full response and denied all allegations.
In her findings, Williams found the complainants’ versions were consistent, inherently probable and it corroborated in material aspects.
While individual stories differed, there were common features to the versions of the identified complainants and this was consistent with the evidence as a whole.
He said Williams further found that there were common threads that flow through the evidence which constitute a pattern.
“The evidence indicates a sustained culture of the sexual objectivation of women who work in the ministry, underpinned by an indisputable power imbalance. The power differential favours (Mr) Fritz due to his age, position of authority, political connections and gender.
“(He) appears to be oblivious to the power dynamics at play in his interactions with young female interns/staff.
“The selection of ‘victims’, the building of trust, the normalising of inappropriate sexually-charged interactions in a work related context, the taking of photographs of the young women and complimenting them on their appearance, the sexual comments, the unpredictable temper outbursts, and public humiliation of the ‘victims’ all have the hallmark of grooming,” the report stated.
It went further, stating that the availability of alcohol and the pressure to drink and remove young woman from their comfort zones further enabled Fritz’s opportunities for sexual misconduct.
Williams found that rather than protecting young vulnerable women, they were purposefully placed in inappropriate situations and exploited.
She further found Fritz’s version put forward to address the allegations was inherently incongruent with the evidence.
“It is of deep concern to me that Mr Fritz refused to accept any inappropriate conduct on his part and attempted, in this investigation, to impugn the credibility of the complainants as witnesses through the tactic of ‘victim-blaming’,” Winde said.
He said ensuring victims are protected and supported is non-negotiable and he does not wish to jeopardise any potential civil or criminal matter.
“On first being informed of the allegations, I made it clear that I will respect the complainants’ very specific requests for confidentiality, including not sharing the details of their allegations publicly. These details would enable them to be identified even if their names were redacted.
“I will continue to respect their wishes, until such a stage as they expressly provide me with consent to share their names, and/or the details of their allegations.
“I urge all interested parties to do the same too. We need to prevent secondary victimisation and to respect the agency that these women have in their lives and to make decisions in regard to what they allege to have occurred.
“We must also acknowledge the fear and anxiety that they are feeling as a result of making these allegations against a ‘powerful’ person, and we should all do everything we can to support and protect them,” Winde said.
He commended victims for coming forward and setting an example and empowering women in its organisation, and in society at large, to do the same.
Winde said this is exactly what is needed to fight gender-based violence.
He said every person must feel empowered to speak out with the knowledge that they will be taken seriously and will be safe and supported when doing so.
Winde said he will be meeting with complainants and offered his support should they elect to pursue criminal charges.
He said they are of the view that sufficient evidence has been gathered to warrant a criminal investigation.
Winde welcomed the inquiry established by police.
“Up until now, the complainants have not laid criminal charges, and continue to request complete confidentiality, including with respect to the details of their allegations.
“We have referred the complainants to a dedicated NGO which specialises in sexual misconduct matters, so that they receive the support that they need, including advice and support to lay such charges if they so decide.
“I will continue to encourage the complainants to trust the SAPS and to enable them to take up a criminal investigation, and I will give them my assurances that I will support them,” he said.
Winde also confirmed that Williams is prepared to meet with the Provincial Police Commissioner, however, she does require consent from each complainant before specific details can be shared.
“I remain ready and willing to account to any committee of the provincial parliament on this matter and will share any detail that I have been expressly enabled to share through the consent of the complainants,” he said.
Williams will also avail herself before any committee of the provincial parliament to answer questions members may have pertaining to the investigation and its findings within the parameters of the investigation and respecting the confidentiality of the matter in the process.
“I want to be crystal clear that I will not let this be the end of this matter. In fact, it is just the beginning.
“I am determined to use this moment to effect the biggest change I can in the Western Cape Government and in our province, so that I make sure that gender-based violence has nowhere to hide.
“I will be providing more details after consulting further with our legal teams, and on further examination of the report and its contents,” Winde said.
Anroux Marais will continue to act as MEC for community safety in the Western Cape until the position has been filled permanently.
Winde said he would now take the time to apply his mind to making an appointment within the provincial cabinet.
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