Judges Matter: SA’s judiciary must double down on abuse of power

JOHANNESBURG - Judiciary monitoring group Judges Matter said it's high time the country’s judiciary doubles down on its zero tolerance for abuse of power.

This comes after Chief Justice Mandisa Maya announced a landmark sexual harassment policy for the South African judiciary on Women’s Day at the weekend.

The 25-page document is part of efforts to address longstanding claims of sexual harassment in the legal fraternity.

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This includes the most recent troubling case against Eastern Cape Judge President Selby Mbenenge, who is accused of making unwanted sexual advances towards High Court Secretary Andiswa Mengo between 2021 and 2022.

The newly introduced policy outlines clear procedures for addressing complaints of sexual misconduct in the judiciary and disciplinary measures against offenders.

Co-ordinator at Judges Matter, Alison Tilley, weighs in on the move.

“The idea is to establish a gender desk at the office of the Chief Justice, and people would be able to go and complain there, but in different ways, so you don’t have to do a full-on Judicial Service Commission complaint like Ms Mengo had to do. You can also raise a concern in confidence and ask for mediation.”

Tilley said the policy also seeks to address the skewered power dynamics that make it hard for complainants to come forward.

“It does do that, and then it also creates a reporting mechanism so that you don’t have to directly confront your boss or your boss’ boss, but you can then go to the gender desk and report there and talk through your options.”