By Lehlohonolo Lehana.
Chief Justice nominee Dustan Mlambo has denied allegations of sexual harassment. He said the purpose of the rumour was to torpedo his candidature for the position of chief justice.
Mlambo was on Thursday interviewed by the Judicial Service Commission (JSC) in Johannesburg.
Commissioners Julius Malema and Dali Mpofu asked Mlambo about the allegations during the interview.
Mlambo told chairperson Deputy Judge President of the Supreme Appeal Court Xola Petse that he was never informed about them prior to the interview.
“I have not shared with the commission the number of acting women judges I’ve appointed, because it is many of them. The suggestion that I would have demanded sexual favours from them…I think is an insult to me and to those women judges.”
Mpofu alerted the chief justice nominee that gender-based violence was an impeachable offence if proven to be true, and requested him to clarify the allegations to the commission.
Mlambo labeled the allegations as a “poisonous rumour.”
“There is no substance in this. It’s a rumour and I think its a poisonous rumour. I was actually shocked when I heard about it. I was actually hoping that someone would come up and say I’m one of those who was sexually harassed by Judge President.
“It’s unfortunate that people are using people’s names willy-nilly in spreading rumours of this nature. There is completely no substance to that rumour.”
Petse ruled on the allegations, saying that the questions posed to him and his responses be expunged from the record.
It was a clear hatchet job by the EFF duo (supported by commissioner Griffiths Madonsela) and they offered nothing substantive, nothing in the way of any evidence whatsoever.
To make matters worse, it appeared that Mpofu was refusing to concede that the this sexual harassment question was wholly inappropriate.
It also means that Mlambo was exhausted as he got confronted with questions about his judicial abilities.
Commissioner Narend Singh pointed out that thousands of viewers witnessed the ventilation of unsubstantiated sexual harassment allegations against Mlambo – and questioned if the JSC should not have a serious discussion about how it deals with such allegations in the future.
He agreed and said it is pivotal that the JSC develop proper rules to ensure that proper processes are followed in relation to such claims.
Meanwhile the Public Protector’s office has released copies of her objections to Mlambo’s appointment as Chief Justice, which centres in part on his refusal to meet with Advocate Busisiwe Mkhwebane with regards to her complaints about the Gauteng High Court in Pretoria, which had dealt with legal challenges to certain of her reports.
In a letter to the JSC, Mkhwebane writes that: “The nub of the objection is that whatever views Mlambo JP may hold against the incumbent in that office, he had a duty to listen to the concerns raised by an important institution of democracy.
“Failure to do so reveals a lack of the requisite leadership skills and judgment necessary for the important office of Chief Justice which, by definition, entails the ability to communicate effectively and listen to multiple stakeholders and institutions which are key to our democracy, without fear, favour or prejudice”.
Acting Chief Justice Raymond Zondo will be interviewed tomorrow.