Will policy 'cut through victims' fear?

While many have hailed the judiciary's sexual harassment policy, questions remain about whether judges and magistrates will embrace it

- Nkateko Joseph Mabasa

The judiciary's first sexual harassment policy unveiled by Chief Justice Mandisa Maya earlier this month is a bold step, but a culture of impunity in the court system will still discourage reporting, legal experts say.

Pressure has been mounting for years on the judiciary to adopt a sexual harassment policy, and it escalated after the Eastern Cape judge president, Selby Mbenenge, was accused of sexually harassing a junior legal professional.

During a judicial tribunal, Andiswa Mengo alleged that Mbenenge sent her explicit material on WhatsApp and subjected her to inappropriate conduct at the Eastern Cape High Court in Makhanda. Mbenenge has denied the allegations, stating that the relationship was consensual.

At the launch of the policy Maya said 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," she added.

As a result judicial officers — judges and magistrates, regardless of seniority — are now required to complete a standardised online anti-sexual harassment training course within six months.

For Brenda Madumise-Pajibo, the founder of advocacy group Wise 4 Afrika, the policy was long overdue.

"We've had an unpoliced judiciary for the past 30 years," she said. "Victims were silenced and they didn't have anywhere to go."

She said the courts had developed a culture of impunity.

"Judges and magistrates knew nothing would happen to them. Victims, on the other hand, knew that if they spoke out they would be ridiculed. No one wanted to put themselves out there and be the face of what we all knew was happening."