Latest news with #MandisaMaya
Eyewitness News
5 hours ago
- Politics
- Eyewitness News
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. ALSO READ: Judge Selby Mbenenge appearing before tribunal is positive - Judges Matter 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.'
The Herald
a day ago
- Politics
- The Herald
Chief justice introduces sexual harassment policy for judiciary
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 sordid 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.' TimesLIVE
IOL News
a day ago
- Politics
- IOL News
Chief Justice Mandisa Maya unveils new sexual harassment policy for judiciary
Chief Justice Mandisa Maya announced a sexual harassment policy for the judiciary. Image: File As National Women's Day was celebrated on Saturday, Chief Justice Mandisa Maya has announced the introduction of a Sexual Harassment Policy for the South African Judiciary. The Office of the Chief Justice (OCJ) has described it as a historic step in safeguarding the integrity of the courts and protecting the dignity of all who serve within them. The OCJ said this policy reiterates the judiciary's unwavering commitment to the Constitutional values of human dignity, equality, and justice. It said this 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, the office said in a statement. It added that 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. 'This Policy is a necessary and 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,' Justice Maya said. The principles of the policy were set out in a 25-page document, which includes zero tolerance for sexual harassment by or against any judicial officer, staff member, or individual engaging with the judiciary. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ It also sets out guidelines for clear, confidential, and fair procedures for reporting and addressing complaints, with protections against retaliation. The policy calls for accountability, with disciplinary consequences for offenders, as well as for a safe and respectful workplace, free from discrimination and intimidation. The Chief Justice has directed all 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,' the Chief Justice emphasised. The policy will further entrench a culture of accountability and respect, ensuring that the judiciary remains a beacon of justice for all, she said. In an annexure to the 25-page sexual harassment policy issued, some examples of verbal, non-verbal, and physical conduct that may be construed as unwelcome sexual harassment were given. These include "gestures, staring, leering, and indecent exposure". It also included the display, or sending by electronic or any other means, of sexually explicit pictures, videos, or messages. The sending of sexually suggestive pictures, including emojis or stickers, was also included. The judicial conduct tribunal, which is investigating complaints against Eastern Cape Judge President Selby Mbenenge, arising out of a sexual harassment complaint, has meanwhile concluded its hearing of oral evidence in the matter. Lawyers acting for the complainant, judges secretary Andiswa Mengo, and Mbenenge's legal team are due to present their final legal arguments before the tribunal in October. It is alleged by Mengo that the judge president had subjected her to sexual harassment, which made her very uncomfortable. This was denied by Mbenenge, who claimed it was consensual flirting between two adults.
TimesLIVE
a day ago
- Politics
- TimesLIVE
Chief justice introduces sexual harassment policy for judiciary
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 sordid 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.'
IOL News
19-07-2025
- Politics
- IOL News
City of Cape Town ready to square off against National Government over Public Procurement Act
Mayor Geordin Hill-Lewis Image: Supplied The Constitutional Court has opened the ring for a sparring match between the City of Cape Town and National government, by granting the City direct access to challenge the controversial Public Procurement Act, a case with potentially far-reaching consequences for the autonomy of municipalities and the future of local service delivery across South Africa. The case, which now heads to the country's highest court, revolves around both procedural and substantive concerns: that the Act was passed unlawfully, and that its implementation would severely constrain municipalities' ability to respond quickly to critical infrastructure needs. Chief Justice Mandisa Maya issued directions on 14 July, giving national government until 8 August to file its answering affidavit. The City has until 22 August to respond. The Presidency has confirmed it will make its position clear in those legal filings. Presidential spokesperson Vincent Magwenya told Weekend Argus: 'Our responses will be contained in our papers, which will be made known against the court set deadline.' For the City of Cape Town, the case is not merely a legal formality. Mayor Geordin Hill-Lewis described the court's decision to grant direct access as a crucial development. 'We welcome the Concourt granting direct access to hear this vital matter. 'We believe the Act was passed unlawfully, with fatal shortcomings in public participation and parliament's procedures.' The City's application contends that the National Council of Provinces (NCOP) vote that passed the Bill was flawed because seven of nine provincial delegations did not have valid final mandates. This alone, the City argues, is grounds for the legislation to be invalidated. However, Mayor Hill-Lewis emphasised that beyond procedural defects, the impact of the law on everyday service delivery is at the heart of their opposition. 'Beyond these issues, the Act will slow down local service delivery and make it much harder for municipalities to procure quickly in response to local needs. "Local government must be able to act swiftly to resolve urgent water, sanitation, electrical, waste, and environmental issues. Instead, this bill will slow down municipalities via a massive new red tape burden and interference from other spheres of government. This is unconstitutional, and undermines local government's direct accountability to serving residents.' The Constitutional Court made a ruling this past week Image: File In a comprehensive set of written responses to Weekend Argus, the City expanded on specific operational concerns. These include restrictions on municipalities' ability to procure emergency services without central approval, and the creation of a single national Public Procurement Office (PPO), which will assume oversight of municipal procurement systems. 'Specialised services or goods might be needed for urgent repairs to water, sewer or electricity infrastructure that may pose serious environmental risk or danger to residents. In these cases for example, municipalities will no longer have the power to lawfully deviate from procurement regulations for urgent service delivery without centralised approval via the centralised national Public Procurement Office (PPO).' The City warned that if the PPO database fails or is delayed, procurement for urgent services at municipal level could grind to a halt across the country. Added to this, the legislation prevents municipalities from maintaining their own supplier databases or making payments outside the central system. These concerns are amplified by the cost and complexity of implementing the law. While the Act is not yet fully operational, the City says National Treasury is still in the process of establishing the necessary regulations and systems. 'The Act is not yet in full effect as the necessary regulations and systems are still being established by National Treasury.' Even so, the City is already anticipating the financial and bureaucratic burden that will follow if the legislation stands. 'Yes because there will likely be human resource costs and other operational expenses required to cope with the major new red tape and compliance burden.' The legislation introduces 36 new regulatory requirements still to be promulgated. Municipal officials warn these changes will create delays, legal uncertainty, and reduced flexibility to deal with time-sensitive contracts. One such example is the potential for long and complex appeals against tenders — which, under the Act, would block the finalisation of contracts until the appeals process concludes. The City says this will discourage public-private partnerships and hinder investment in infrastructure, particularly in fast-growing urban areas. Cape Town has not stood alone in its opposition. The City maintains that it has engaged every possible forum to raise its objections, including public participation processes, submissions to the South African Local Government Association (SALGA), and intergovernmental meetings. 'The City has opposed the legislation at every stage including via public participation and SALGA channels. The City is acting in the interests of all municipalities.' At the heart of the City's legal argument lies a constitutional principle: that local government is not merely a service provider for national mandates, but a constitutionally distinct and autonomous sphere with direct accountability to residents. 'As a starting point, local government has constitutional autonomy and direct obligations to residents which the bill unconstitutionally infringes, aside from any and all further negative impacts.' [email protected] Weekend Argus
