Northern Cape judge president Pule Tlaletsi faced pushback by the Judicial Service Commission (JSC) commissioners when asked whether he thought there was a sexual harassment problem within the judiciary.
Tlaletsi was interviewed by the commission on Wednesday in the race to be the country’s deputy chief justice.
Other candidates include Gauteng judge president Dunstan Mlambo and Free State judge president Cagney Musi for the position, which has been vacant since Mandisa Maya was appointed chief justice in July 2024.
Advocate Karrisha Pillay asked Tlaletsi whether he thought sexual harassment was an issue within the judiciary. Maya’s office is in a process of completing the judiciary sexual harassment policy.
Tlaletsi’s division was the only one that showed no support for the harassment policy draft paper. Maya added in the division’s response it was of the view “there was no need” for the policy, arguing the concerns could be addressed under the judicial code of conduct.
Tlaletsi said he would not say there was a scourge of sexual harassment within the judiciary because as the head of court in his division, he had never dealt with such a case.
Tlaletsi leads a division dominated by women judges.
“In my division we have not had such a problem. I do not recall being part of the conversation at national level that we have this [sexual harassment] scourge. We all accept that if it is there, it should be dealt with,” he said.
The commissioners were, however, not satisfied with his answers.
Advocate Tembeka Ngcukaitobi said: “Everyone here interviewing you believes sexual harassment is an issue in the judiciary. It is unreported because victims are scared because the judiciary structure is patriarchal.”
Maya asked Tlaletsi to clarify to the commission his support for the policy. The report on the policy from the Northern Cape division was not written by Tlaletsi but was part of the consultation.
“I definitely support [the policy]. If I were to come across any incident, I am bound to raise and attend to it. If the scourge is there, I would accept it, but I have not come across a case like that. If it exists, it is an issue, but it is probably the incidences that are not reported,” Tlaletsi said.
The debate on sexual harassment takes place as the Judicial Conduct Tribunal probes a case against Eastern Cape judge president Selby Mbenenge.
Advocate Sisi Baloyi said Tlaletsi’s answers raised concerns about whether the judiciary was engaging with the sexual harassment debate. She remarked that the lack of conversations by heads of court on the matter was a serious problem.
JSC commissioner and EFF leader Julius Malema asked Tlaletsi whether he thought there was a sexual harassment problem in society and if so, would the judiciary not be affected by a societal phenomenon.
“We are trying to find your view on this matter.”
Malema said while Tlaletsi confirmed his division did not have reported cases, he lacked consciousness on the issue on a national level. He said it was important for Tlaletsi to have engaged with other judges on the matter to gain knowledge on the state of sexual harassment nationally.
“Without a policy, it is difficult to know about these cases but once it is there, everybody will be encouraged to report. I have been assured there is that problem and I do accept that. I was trying to put across that I have not dealt with it. If there is a scourge, then I do accept,” Tlaletsi said.
Tlaletsi, who has acted at the Constitutional Court and penned judgments, was applauded by Prof Clement Marumoagae on his findings on women’s rights.
The judge president heads a smaller division, of seven judges, when compared to Mlambo, leading 46 judges. Tlaletsi said it should not be viewed as a disadvantage because Maya rose from the ranks of the Mthatha High Court to lead the Supreme Court of Appeal and the apex court.
In his plans, should he be appointed deputy chief justice, Tlaletsi raised concerns about the poor safety of courts. There have been a number of court murders within the court precinct and even inside the court.
“Courts are not safe, not only for the judiciary but for the users of the courts. We have seen in recent times in the Western Cape where someone was killed inside the court building. There is an urgent need to ensure the courts are safe. The scanners and dictators are not working. These are serious challenges we face,” he said.
Tlaletsi said part of priority plans for the position would be a boost of capacitation and dilapidating infrastructure of courts.
“There used to be a time when a court [in the Northern Cape] was sitting at a police station. It was a huge concern; we moved that court to a municipal office. That reflected badly on the magistrates that had to deal with those cases. Newer courts are needed.”
Musi is being interviewed by the JSC today.
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