Sexual Harassment Policy of the South African Judiciary

Sexual Harassment Policy of the South African Judiciary – Explainer

History and Context

Sexual harassment remains a deeply entrenched issue in the legal profession. While efforts by Chief Justice Maya began in 2023 to establish a formal sexual policy, a major turning point came earlier—in May 2019 – when the International Bar Association (IBA) released the “Us Too?” report, based on responses from nearly 7,000 legal professionals across 135 countries. The findings were stark: half of the women and a third of the men from the survey reported experiencing bullying, while one in three women and one in 14 men had faced sexual harassment.

The Democratic Governance and Rights Unit (DGRU) contributed significantly to understanding harassment within South Africa’s judiciary. Their 2023 “Isidima” survey and its 2024 follow-up “Court Users Survey” revealed that nearly a quarter of magistrates had faced threats or physical harm related to their work, and 16% of female magistrates had either experienced sexual harassment or knew someone who had—often perpetrated by fellow magistrates.

The surveys also found that 13% of respondents had encountered sexual harassment in the past two years, with women twice as likely to report such incidents.

The surveys also found that 13% of respondents had encountered sexual harassment in the past two years, with women twice as likely to report such incidents. Among court users, 2% reported experiencing or knowing someone who experienced harassment, rising to 3% among female users. Alarmingly, many users were also aware of physical assaults occurring in court settings.

These findings highlight the urgent need for a comprehensive sexual harassment policy within the judiciary.

These findings highlight the urgent need for a comprehensive sexual harassment policy within the judiciary. We commend Chief Justice Maya for her commitment to addressing gender-based violence and sexual harassment. Her leadership, alongside the contributions of the heads of Courts, has been instrumental in shaping this critical policy.

The Sexual Harassment Policy of the South African Judiciary

Purpose and Scope of the Policy

The policy applies to judicial officers and covers all professional settings, including courtrooms, travel, online interactions, and social events. Its core principles include confidentiality, accountability, non-discrimination, fairness, and protection against retaliation. It also acknowledges that false reporting is rare, though bad-faith complaints may be disciplined.

Sexual harassment is defined as an “unwelcome verbal, non-verbal, or physical conduct of a sexual nature”.

Sexual harassment is defined as an “unwelcome verbal, non-verbal, or physical conduct of a sexual nature”. Furthermore, related behaviours such as intimidation and victimisation are also covered.

Legal Framework and Reporting

Sexual harassment violates the Code of Judicial Conduct and may also constitute a criminal offence under South African law. Judicial officers have a legal duty to report offences against vulnerable individuals. Victims or witnesses can choose from three reporting options:

• anonymous reports,
• informal resolutions such as mediation or an apology,
• or formal complaints that trigger disciplinary action at the JSC, Magistrates Commission or the Department of Justice.

The policy also provides for the establishment of the Gender Desk (GDOCJ), which serves as the central hub for receiving reports, offering support, and coordinating with oversight bodies like the JSC and the Magistrates Commission. The desk provides for mandatory education and training on sexual harassment and monitors systemic issues.

Disciplinary and Training Measures

Formal complaints are handled by the JSC or MC, with protective measures such as confidentiality and virtual testimony available. Investigations may involve experts, and tribunals are convened as needed. All judicial officers are required to undergo annual anti-harassment training, with SAJEI supporting these efforts. Heads of courts are responsible for ensuring awareness campaigns and training are implemented.

Implementation and Impact

All stakeholders must submit implementation plans within six months of the policy’s launch. These plans should outline training, resource allocation, and designated liaisons. The implementation plan will be ongoing and will streamline harassment processes, provide emotional and legal support, and educate staff on professional conduct.

We hope that this will foster a safer, more respectful judicial working environment.