Chief justice Mandisa Maya has announced the introduction of a sexual harassment policy for the judiciary.
Maya said the policy is necessary and an urgent intervention.
“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 said.
In recent months, the saga of Eastern Cape judge president Selby Mbenenge raised hard questions about sexual harassment in the judiciary. Mbenenge is facing sexual harassment charges brought against him at the judicial conduct tribunal by a judge’s secretary from his division.
Maya said the policy will entrench a culture of accountability and respect, ensuring the judiciary remains a beacon of justice for all.
According to the chief justice, the policy reiterates the judiciary’s unwavering commitment to the constitutional values of human dignity, equality and justice and sends a clear message that “sexual harassment has no place in the halls of justice”.
“As custodians of the constitution, judges and magistrates bear a profound responsibility to uphold the highest standards of integrity. The Bangalore Principles of Judicial Conduct and South Africa’s own Judicial Codes of Conduct demand nothing less.
“Yet, where sexual harassment occurs within the judiciary, it is not only a personal violation; it is also an affront to the rule of law itself, eroding public trust and betraying the very principles the institution exists to defend and uphold,” she said.
The key principles of the policy include zero tolerance for sexual harassment by or against any judicial officer, staff member or individual engaging with the judiciary.
It also includes clear, confidential and fair procedures for reporting and addressing complaints, with protections against retaliation, accountability, disciplinary consequences for offenders and a safe and respectful workplace free from discrimination and intimidation.
Maya has directed members of the judiciary to urgently familiarise themselves with the policy and ensure adherence.
“This is not merely a document; it is a covenant with the people of South Africa. We must lead by example.”
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