Bond Hearing Shortly In Sexual Harassment Case

Lawyers for Bitou (Plett) and Elmaré Fourie, who is suing the municipality for more than R32-million in the country‘s biggest sexual harassment claim, will take their struggle to the George Circuit Court on September 9.

In June, Bitou‘s legal representatives filed an application asking the court to order Fourie to furnish R300000 in security for the defence‘s legal costs.

The court yesterday gave Fourie‘s legal team until August 25 to file opposing papers and will hear the issue of a bond in September, according to Bitou legal representative Hardy Mills.

Fourie‘s legal representative, Johan Wagener, said he would oppose the application.

Fourie has named the Bitou municipality and six senior staff members and councillors in a lawsuit in which she claims she was wrongfully dismissed to hide her complaints of sexual harassment by adviser to the mayor Kenny Leluma.

In July, lawyers for Bitou filed papers saying they would seek a court order compelling Fourie to pay a R300000 deposit for defence costs.

According to an affidavit by then acting municipal manager Deon Lot, Fourie did not have any assets of note and was unemployed, which meant that should she lose the case she would not be able to pay any costs awarded to the defendants.

In court papers, Bitou‘s lawyers also said they would apply to have the summons set aside on the basis that it had become prescribed as she had not filed her lawsuit in the three-year period under the Prescription Act.

Wagener said next month‘s hearing would only pertain to the R300000 security. “The prescription issue is premature. Bitou‘s lawyers still have to file a plea in that regard.”

In her summons, Fourie said she was sexually harassed in 1999 by Leluma, then acting municipal manager. When she refused to withdraw her allegations, she said, Leluma instituted disciplinary action against her, leading to her dismissal in February 2001.

By Janine Oelofse

www.theherald.co.za

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