Judges Matter has called for the establishment of a Sexual Harassment Policy for the Judiciary following allegations of misconduct against Judge President Selby Mbenenge. Makhanda High Court secretary Andiswa Mengo has accused Mbenenge of sexually harassing her between June 2021 and November 2022, marking the first instance where a judge faces potential impeachment over such allegations.
Judges Matter researcher Mbekezeli Benjamin highlighted the details of the ongoing inquiry: “The complainant alleges that the Judge President sexually harassed her through physical interactions and inappropriate WhatsApp messages. She claims these actions were unwelcome and constitute sexual harassment. The Tribunal is investigating these allegations by reviewing the text messages, images, and videos exchanged between them to determine if there was a pattern of harassment and whether the judge’s conduct breached the judicial code.”
Benjamin emphasized the need for a comprehensive policy to address gaps in the judiciary’s framework. “There is no overarching policy defining sexual harassment or guiding how it should be dealt with in the judiciary. Judges and magistrates aren’t ordinary employees, so normal labour standards don’t apply. This is why a specific policy is essential to handle such cases appropriately.”
Research conducted by Judges Matter in 2021 and 2022 revealed concerning insights into the prevalence of harassment within the judiciary. “We surveyed over 230 magistrates, and a third of respondents said they had experienced sexual harassment. This underscores the urgent need for a clear policy to protect individuals and ensure accountability,” Benjamin said.
The inquiry into Judge President Mbenenge’s conduct is being closely watched as it sets a precedent for handling sexual harassment allegations within the judiciary. Judges Matter asserts that implementing a Sexual Harassment Policy would encourage victims to report incidents without fear of reprisal.
Listen to the full interview below:
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