A former intern at Black Management Forum Investment (BMFI) is demanding damages of R5m for unfair dismissal and allegations of rape she made against the forum’s president Andile Nomlala.
The employee, 27, who left the company in July after her contract was terminated, said she was “raped and sexually assaulted” by Nomlala at his Bryanston home in Johannesburg in May last year.
She said this happened after attending a work function when Nomlala offered her a lift home but instead drove to his house where he allegedly made sexual advances to her.
Nomlala has denied the allegations, saying they are an “attempt to weaponise the seriousness of sexual harassment and sexual assault’’.
He further described the allegations as intended to assassinate his character, defame and infringe his reputation and dignity as both a private individual and known public figure.
Sowetan has established that the complainant and Nomlala have had a personal friendship for months and continued to exchange friendly banter after the alleged incident until earlier this month.
She also lodged a claim of unfair dismissal with the Commission for Conciliation, Mediation and Arbitration (CCMA) in August after the company terminated her contract in July, citing “human capital rationalisation strategy”.
She is demanding a two-year payout.
She said she was also traumatised after being humiliated by a senior manager who yelled at her in front of colleagues for having gone out to buy menstrual products.
She did not detail any allegations of rape or sexual assault in her CCMA case. Instead, she said Nomlala contacted her on August 30 asking her to “name her price or return to work”.
In response to her letter of demand, Nomlala, through his lawyers, said he attempted to provide the woman with advice and facilitate amicable resolution to the dispute of unfair dismissal and she was amenable to it. “Further allegations of sexual assault and/or sexual harassment are strenuously denied by [our] client as falsehoods. Once again, it is not clear why your client never raised all of these for a period of more than 16 months despite various opportunities to do so.”
Nomlala’s lawyers said the claim by the woman, in their client’s view, constituted an attempted extortion.
The investment company withdrew its termination letter on September 9 and requested the complainant to report for work but she allegedly refused the offer.
On September 19, the woman’s lawyers wrote to the BMF’s investment arm claiming damages for severe trauma, stress and humiliation suffered allegedly from the sexual assault. The woman further said that the alleged assault damaged and infringed her dignity.
She alleged that Nomlala repeatedly and intentionally touched her genitals in a sexual manner, rubbed her breast and intentionally penetrated her genitals with his fingers without her consent.
BMF acting managing director Philippe Bakohoukoutela confirmed that the company has instituted an investigation into the allegations. He said Nomlala has requested a three-month leave of absence until the investigations are concluded.
''The BMFI board strongly condemns any form of gender-based violence and commits to follow all due processes for the just and speedy resolution of the matter,’’ he said.
The woman has also laid a complaint of rape and sexual assault with the police against Nomlala.
In an affidavit deposed at the Sandton police station last week, she detailed how Nomlala offered her a lift after attending a work function at Four Seasons hotel in Westcliff.
Police spokesperson Col Dimakatso Sello confirmed that a case of sexual assault has been opened.
“No suspect has been arrested. The FCS [family violence, child protection and sexual offences] detectives are conducting an investigation and once it is finalised, the docket will be referred to the senior state prosecutor for decision,’’ said Sello.
The complainant said Nomlala suggested that they drive past the house of one of BMF executives to collect wine. She said they stayed at the colleague's house for about four hours before Nomlala drove her to his house.
She said she questioned him as to why they were driving to his place, and he replied that he has a guest bedroom that she can use.
“I thereafter requested to use his shower after which I got dressed. When I exited the bathroom, I was shocked to see him lying in the main bed naked. He informed me that I will be okay and he will not try to make any advances towards me,’’ she said.
The woman said as she was getting ready to sleep, Nomlala started lifting her dress and rubbing her thighs. “I immediately told him to stop and that I was scared,’’ she said.
Her statement further reads that the advances continued throughout the night and at some point Nomlala would chase her around the house. She said Nomlala took her to her place the next day.
She said she reported the incident to the police 16 months later because she was scared of losing her job. “I never reported the incident until now as I was scared of him and my job was in jeopardy should I inform anyone what had occurred. On April 7, I saw him at Paul’s at the Morningside shopping centre. He reminded me to not say anything about what happened in May 2021,’’ she said.
Nomlala’s lawyer Brett Murison, in response to Sowetan's inquiries yesterday, said until recently his client and the claimant had been on “amicable terms and had been communicating in a friendly manner’’.
Murison said Nomlala is in possession of the text messages in support of their cordial relationship.
He said the police had not contacted Nomlala and he did not have any knowledge of a criminal complaint.
“Nomlala denies any and all allegations of rape and sexual assault in the strongest possible terms,’’ Murison said.
kokam@sowetan.co
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