A bold move to strengthen integrity within South Africa’s judicial system, Chief Justice Mandisa Maya announced the launch of a comprehensive Sexual Harassment Policy across all courts. The announcement came on National Women’s Day, reinforcing the Judiciary’s commitment to upholding dignity, equality, and justice.
Necessary and Urgent Intervention
Chief Justice Maya underscored the urgency of the measure, stating:
“The judiciary cannot dispense justice to society if it does not first ensure it within its own ranks. Sexual harassment is a gross abuse of power, a denial of equality, and a stain on the legitimacy of the courts.”
Describing the initiative as not just a policy but a “covenant with the people of South Africa,” she called on judges, magistrates, and court staff to familiarise themselves thoroughly and adopt its principles.
Policy Framework and Core Principles
The newly introduced policy is built on several foundational pillars:
- Zero tolerance: Applies to all judicial officers, staff, and individuals interacting with the courts.
- Clear and confidential processes: Robust mechanisms for reporting complaints, complete with protections against retaliation.
- Accountability: Disciplinary consequences for perpetrators.
- Workplace safety: Ensures court environments are free from discrimination, intimidation, and harassment.
A particularly notable innovation is the introduction of a gender desk to assist in handling complaints sensitively and efficiently.
Context Behind the Change
This policy follows heightened concern over misconduct within judicial ranks, particularly the ongoing case involving Eastern Cape Judge President Selby Mbenenge, who is facing allegations from a court employee. The timing of the announcement, aligned with Women’s Day, adds symbolic weight to the move linking it to the broader struggle for women’s rights and safety in public institutions.
Upholding Constitutional Standards
Chief Justice Maya emphasized the Judiciary’s role as guardian of the Constitution, suggesting that by upholding these standards internally, the courts reinforce their legitimacy and trustworthiness in the eyes of the public.
“This policy reiterates the Judiciary’s unwavering commitment to constitutional values such as human dignity, equality and justice, and sends a clear message: sexual harassment has no place in the halls of justice.”