Sex policy for judiciary to curb abuse

Chief justice says that the document, which is designed to crack down on sexual harassment, reinforces zero tolerance for abuse of power

- Nkateko Joseph Mabasa

South Africa’s judiciary has adopted a sexual harassment policy in the aftermath of a tribunal investigating allegations that a senior judge president harassed a junior secretary at the Eastern Cape High Court in Makhanda.

The policy, unveiled by Chief Justice Mandisa Maya, defines harassment as unwelcome behaviour of a sexual nature and strictly prohibits consensual sexual or intimate activity between members of the judiciary in court buildings or office premises. Romantic relationships between staff in the judicial environment are discouraged. Maya said the policy reaffirms zero tolerance for abuse of power and is a step towards safeguarding the integrity of the courts.

It comes after junior legal professional Andiswa Mengo alleged she was subjected to persistent sexual harassment by Eastern Cape Judge President Selby Mbenenge, leading to an inquiry where the power dynamics in their relationship took centre stage. Mbenenge has denied sexual harassment, stating what happened between them was consensual.

“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 useful mechanism in that battle,” Maya said at its launch.

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