By Lehlohonolo Lehana.
South Africa’s judiciary has introduced a new sexual harassment policy, announced by Chief Justice Mandisa Maya on the heels of Women’s Day.
The move comes as Eastern Cape judge Selby Mbenenge faces a sexual harassment complaint, highlighting the urgent need for systemic reform.
The integrity of the judiciary hangs in the balance because of the allegations of sexual harassment against Mbenenge.
“This Policy is a necessary and urgent intervention,” said Chief Justice Maya. “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. We are going to tackle it head on and this Policy will be a very useful mechanism in that battle.”
Key Principles of the policy
- Zero tolerance for sexual harassment by or against any judicial officer, staff member, or individual engaging with the Judiciary.
- Clear, confidential, and fair procedures for reporting and addressing complaints, with protections against retaliation.
- Accountability, with disciplinary consequences for offenders.
- A safe and respectful workplace, free from discrimination and intimidation.
Maya has directed all judiciary members to immediately familiarize themselves with the guidelines, emphasising that ‘sexual harassment has no place in the halls of justice.
South Africa’s judiciary is not alone in confronting workplace misconduct. Globally, legal systems have faced scrutiny over power imbalances that enable harassment. This policy positions South Africa alongside nations taking proactive steps, such as mandatory training and independent oversight, to combat the issue.
The full Policy is available here: https://www.judiciary.org.za/index.php/judiciary/legal-instruments.