It Takes a Woman

In lieu of August being Women’s Month, and the month where the Chief Justice introduced the implementation of the long-awaited anti-sexual harassment policy, we would like to take a moment to thank the women in the judiciary for making our courts safer.

…we would like to take a moment to thank the women in the judiciary for making our courts safer.

The need for the implementation of an anti-sexual harassment policy in the judiciary has been the topic of discussion since 2023. It has been contributed to by the likes of the SAC-IAWJ, other women-led judicial organisations, and women judges who have consistently advocated for the development and adoption of a comprehensive anti-sexual harassment policy.

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However, it is only now that Chief Justice Maya has taken office—the first woman, and first Black woman, to lead the judiciary—that this policy has been implemented. Her implementation of and direct involvement in drafting the policy is not only a protective measure; it is a legacy-defining commitment to safer courts and safer work environments where human dignity and equality are non-negotiable.

The policy aims to enforce safety and professionalism in the judiciary, just as in any other workplace. It states that the judiciary recognises that sexual harassment “violates the fundamental human rights to equality, dignity, freedom and security of the person, and bodily and psychological integrity. It also constitutes unfair discrimination on the bases of sex, gender, gender expression, and sexual orientation.” Further, it states that sexual harassment is an abuse of power, and that it is the responsibility of all members of the judiciary to remain conscious and “vigilant” as to how their conduct may be received by those who do not share the same position of power.

This policy ensures that safety in the Court is not just the responsibility of women, but calls for collective responsibility and consciousness of a deeper issue.

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The policy takes a victim-centred approach to harassment complaints by providing reporting mechanisms and offering legal and emotional support. It further applies to court staff, temporary staff, and court users. Not only does this create a culture of safety and accountability within the judiciary, but it also shows that all persons, regardless of their standing, are subject to the law.

The courts have long held an institutional culture of secrecy and denial when it comes to rampant issues of sexual harassment, with no accountability.

The importance of formal policies to combat sexual harassment cannot be overstated. The courts have long held an institutional culture of secrecy and denial when it comes to rampant issues of sexual harassment, with no accountability. However, this direct approach to addressing gender inequality and gender-related misconduct not only provides physical safety but also dismantles psychological barriers and elevates women to positions where their insights and values are integrated.

The implementation of this policy is not only an administrative intervention; it is also a feminist intervention that redefines a conservative and patriarchal institutional culture within the legal fraternity. This allows women within the judiciary—and those entering—to not only survive but also thrive under the protection that their male counterparts enjoy.

This policy is a testament to how women in leadership and decision-making spaces use their lived experiences and awareness to uplift and protect other women.

This policy is a testament to how women in leadership and decision-making spaces use their lived experiences and awareness to uplift and protect other women. We hope that this cultural shift will have ripple effects beyond the Court’s doors and enter the broader legal fraternity.

We would therefore like to celebrate and applaud women judges and legal practitioners for their contribution to safeguarding the bench and for solidifying the platform that allows future women judges to soar.

Author: Dimakatso Nchodu