Media release by Premier Alan Winde on the independent investigation into Minister Albert Fritz
31 January 2022
On 14 January 2022, and the following days, information was furnished to me and my legal team under oath and in person, which alleged serious misconduct on the part of Minister Albert Fritz.
After considering the content of these accounts and consulting with legal services, I suspended Minister Albert Fritz on 23 January 2022 (9 days later) pending an independent investigation into the veracity of the allegations that had been provided to me.
These accounts were given to me in confidence, and I promised at the time to not publicize the nature of the allegations. Having had a subsequent discussion with Advocate Jennifer Williams when I handed the matter over to her for her investigation, and having first obtained the permission of the complainants, I am now able to confirm that those allegations relate to sexual misconduct.
I have received questions as to why such an investigation is necessary, and why further action cannot be taken immediately. I seek to explain the importance of following a fair, lawful process below.
Across South Africa, Premiers have sole discretion, in accordance with Section 132 (2) of the Constitution, to determine the composition of their cabinets. This includes the discretion to dismiss someone from cabinet too. However, the wide discretion notwithstanding, it’s been made clear that the decision to dismiss must still be rational because it’s an exercise of public power.
In determining my actions going forward, I am determined to ensure that a victim-centred, fair process is followed that will stand up to court scrutiny. I have therefore requested independent counsel to consider the affidavits and accounts of the complainants, but also to take into consideration the response of Minister Fritz himself. After receiving the investigator’s report into the veracity of the allegations, I will apply my mind to the content of the report and decide on whether Minister Fritz is to remain in my cabinet.
I have been asked why I cannot already lay criminal charges against Minister Fritz myself.
As the South African Police Services have made clear, in order to investigate the matter, they need a charge to be laid by one of the complainants. I have advised all the complainants that this can be done, and that they will be supported in doing so. The SAPS have also encouraged the same publicly.
This was also echoed to me in my meeting with the Provincial Police Commissioner, Tembekile Phatekile today, who indicated a direct channel to lay charges will be created for the complainants if they decide to. I welcome this proactive support from the SAPS.
The Western Cape Government is also already referring all complainants to an NGO dedicated to helping and assisting victims of sexual misconduct, having received confirmation from such NGO that this referral would be appropriate and may proceed. It is important that the complainants have an independent support system in place. This includes support in taking up the matter with the police on a criminal or civil basis.
For me to supply the details or affidavits in my possession to the SAPS without the express permission and support of the complainants themselves would be completely improper, and in fact, incredibly disrespectful to them and their agency.
However, I have not ruled out laying charges personally, should there be a foundation for me to do so on the basis of the content of the independent investigator’s report. I will take legal advice once the report is received and will not hesitate to do so in that event.
I have been asked about the terms of reference of the independent investigation by Advocate Jennifer Williams, and the timeframes for her investigation.
The independent investigator, Advocate Williams, is in complete control of the process of investigation, independent of my office, and she will therefore determine the length of time needed for the completion of her investigation. I cannot, in any way, influence the time taken for her to complete the investigation.
I have however asked her to please furnish me with an initial report as soon as possible.
Her terms of reference are to investigate the specific allegations that were brought to me by the complainants, as well as to obtain a response thereto from Minister Fritz, and in this way to determine the veracity and probability of the allegations that have been brought to me .
This will enable me to make a decision on whether Minister Fritz remains a member of the executive, which is the space in which I can act. Again, I would encourage any person with allegations of this nature to also go to the police so that they may be investigated with a view to criminal charges being laid.
I have been asked whether other parties, who are not currently complainants, can make contact with Advocate Williams.
First and foremost, any person with information of sexual misconduct, should lay a charge with the SAPS. This is the advice all the other complainants have received.
However, if there are additional complainants relating to Minister Fritz, who do not yet feel comfortable to do so, and would prefer to first raise the matter with the independent investigator, this is completely understandable.
It is for this reason that we will create a dedicated channel for first-hand submissions pertaining to Minister Fritz, so that the independent investigator may consider the information.
Again, I strongly encourage all complainants to please lay charges at the SAPS, so that they, together with the National Prosecuting Authority, can make a decision on steps they need to take under the law.
For any person who has experienced sexual misconduct, the following channels exist to report it, and I urge all victims to please stand up and speak out so that we can end the scourge of GBV:
Stop Gender Violence helpline: 0800 150 150
SAPS: 08600 10111
Childline: 116
Report any abuse of children and women to the Provincial Department of Social Development on 0800 220 250. Department of Social Development Email:GBV365DAYS@westerncape.
Gender-Based Violence Command Centre: 0800 428 428
LifeLine 24-hour crisis helpline: 021 461 1111
Should you require support from the Rape Crisis Cape Town Trust counselling lines, you can call:
Observatory: 021 447 9762
Athlone: 021 633 9229
Khayelitsha: 021 361 9085
Lastly, I have been asked about whether I will account to the Provincial Parliament for this matter.
I will absolutely account to any committee on the information I have on hand, and which the complainants have agreed I may share publicly, at any stage that I am called to do so.
I have deep respect for the people who have come forward, for their persons, for their privacy, and for the braveness they have shown, and do not feel it is fitting to expose further details about what has allegedly been inflicted upon them without their consent. I would encourage others to show similar restraint. We must think of the people who came forward first, and not seek to cause them further harm, or in fact endanger them, through our actions.
Issued by Odette Cason, Office of the Premier, 31 January 2022
