REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: A091314/2024
(1) REPORTABLE: YES / bt
(2) OF INTEREST TO OTHER JUDGES: YES/NO”
(3) REVISED. —~
DATE IGNATURE
Jf
In the matter between:
GARTH ROBERTS Appellant
And
NONHLANHLA GCEBILE MABUZA Respondent
CORAM: MABESELE AND MOTHA JJ
a
JUDGMENT
a
MABESELE J: (Motha J, concurring)
[1] This is an appeal against the judgment and order of the Court below, dated
09 April 2024. The judgment flows from an application for protection order
brought by Ms. Nonhlanhla Mabuza against Mr. Garth Roberts. Ms. Roberts
was the Line Manager of Ms. Mabuza in the company known as Africa Rainbow
Minerals (ARM). This appeal is not opposed.
[2] It is common cause that Mr. Roberts told Ms. Mabuza that she signed a
“F.....Ing” paper because she is an “asshole”, The issue in this appeal is to
determine whether these utterances constitute harassment, justifying the order
granted by the Court below.
[3] | pause to mention that my brother, Motha J, enquired from junior counsel
for Mr. Roberts whether it is proper for a white man to call a black woman an
“asshole” in this racially charged society. The answer was a clear ‘no’.
Although the question raised with counsel is legitimate, | may add, though, that
we are alive to the fact that the emphasis should not be placed on race in the
matter before us. Instead, the emphasis should be placed on ‘power’.
Harassment at the workplace knows no race. It is about misuse of power,
thereby violates a person's right to dignity, and, a right not to be subjected to
psychological torture.
[4] Ms. Mabuza joined the ARM company around 2019. Upon joining the
company she was placed on three months’ probation, ata salary of R 30 000.00
(Thirty Thousand Rand). After serving her probation, she was confirmed on a
permanent basis, but her salary was reduced to R27,000.00 (Twenty Seven
2
Thousand rand). No reasons were given to Ms. Mabuza for this reduction. This
discrepancy necessitated a meeting between Mr. Roberts and Ms. Mabuza.
Present, also, at the meeting was HR employee, Mr. Merenca. The proceedings
were recorded. At the meeting, the following transpired:
[5] “Garth : She accepted it. Okay and we also understand that with that
acceptance there were other legacy issues that were hanging
in limbo.
Merenca : Yes, so, technically she did it, technically she did it.
Garth : What?
Merenca : Signature means | accept.
Garth : Yes, that we agree
Nonhlanhla_: but then we are accepting query. That is why we are here to fix
the query so that we can formally accept this letter. You see
we are still negotiating here because you cannot just sign
something that you do not know.
Garth : all right we can resolve this matter ones and for all.
Nonhlanhla_: sorry, and do not try and be technical with me
Garth : but you know what my concern is now, you signed the fucking
paper you know
Nonhlanhla_ : no, no, | do
Garth : asshole
Nonhlanhla_: no, no,
Garth - No, you are an asshole for signing it
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