Peeping Tom’s Case Falls Flat in Court

A workplace peeping Tom has learned the hard way that spying doesn’t pay. Moshe Bakang, formerly a sampler preparer at a mining company, found himself dismissed after an incident involving a ladies’ changing room, a half-naked colleague, and a not-so-subtle peep through a window. Now, his attempt to claw back his job via the Labour Court (LC) has been shut faster than the aforementioned window.

Bakang had been dismissed for sexual harassment and misconduct following an incident that occurred in the early hours of 5 November 2019, when colleague “B” and her supervisor popped into the changing room for a post-shift shower. After rinsing off, B was midway through applying lotion (in her underwear, mind you) when she spotted, via the mirror, a window creaking open and a pair of eyes fixed on her.

Her supervisor was in the toilet at the time, but B called out. Moments later, Bakang strolled into the changing room, unfazed. “You are so brave to enter the change house while you were staring at me through the window,” B told him. His response? A casual look and a hand on his cheek.

Despite B’s distress, which led to counselling, Bakang denied any wrongdoing. His defence? Pure coincidence, he claimed. Hearing a scream, he insisted he’d rushed gallantly to the door, not to gawk, but to assist. The window, he continued, was both closed and too high for spying (a detail the judge later found about as believable as a chocolate teapot). Oddly, he’d also apologised to B, though he stressed this didn’t imply guilt. I suppose nothing says “innocent” like repeatedly WhatsApp calling the woman you’ve just unsettled, right?

Bakang challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA) but without success. Unhappy, Bakang turned to the Labour Court, arguing that the CCMA Commissioner had committed misconduct in relation to his duties, gross irregularity in the conduct of the arbitration proceedings, and inexcusable errors of law.

The Labour Court’s Judge Baloyi disagreed, finding, in all probability, that Bakang was indeed the unwelcome spectator. The judge further noted that it would not make sense for Bakang to apologise for something he didn’t do.

With that, Bakang’s LC sojourn went the way of his job… out the window.

You can read the Labour Court’s full AMCU obo Moshe Bakang v Tshipi Ntle Manganese Mining judgement here.

Written by Theo Tembo