In August, the South African Judiciary adopted a monumental sexual harassment policy. The move comes at a pivotal time for reform as a recent high-profile sexual misconduct case renewed public attention to the issue, years after the International Bar Association (IBA) released Us Too? Bullying and Sexual Harassment in the Legal Profession, a report which pointed to significantly high rates of sexual harassment in the country’s legal sector1.
In December 2022, a critical case reached the country’s Judicial Service Commission as Selby Mbenenge, a judge president of the Eastern Cape Division of the High Court of South Africa, faced allegations of sexual harassment by judicial secretary Andiswa Mengo2.
In December 2023, following preliminary hearings into the allegations, the Commission established a tribunal to investigate the matter. During the summer, Mengo and Mbenenge shared their testimonies, sparking questions about the intent behind their messages and use of emojis, the nature of visual content shared, consent, and inherent power dynamics in the relationship.
Headlines highlighting the ramifications of Mbenenge’s characterization of his conduct in the workplace on future sexual harassment cases3, the death threats that Mengo experienced, and greater underlying issues4 in the country’s legal approach to workplace misconduct represented just a part of a greater discourse.
That discourse was quantified in Us Too?, which indicated that over 40% of women and over 10% of men working as legal professionals in South Africa had been subject to sexual violence. Of these, almost a quarter reported that this violence was driving them to either leave the industry or consider doing so. Notably, the same report found that approximately 93% of legal professionals did not have the requisite training on preventing and responding to sexual harassment– another issue the Judiciary’s new policy seeks to address5.
Alongside outlining the creation and implementation of training on sexual harassment, the policy’s new guidelines thoroughly detail relevant definitions, principles, and key players in implementing them, as well as reporting procedures, bodies, and responsibilities of all staff related to the Judiciary. The policy also emphasizes building a sense of public trust, consistency in adhering to global democratic principles, and respect for gender equity and human rights.
“As custodians of the Constitution, Judges and Magistrates bear a profound responsibility to uphold the highest standards of integrity,” the Judiciary wrote in a statement introducing the policy6. “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.”
Hon. Chief Justice Mandisa Maya, the first woman Chief Justice of the Republic of South Africa, and past IAWJ international board member, has long championed women’s leadership in the judiciary.
While speaking on the new policy in a recent webinar, she affirmed the aforementioned implications while also emphasizing that the passage of the policy is not sufficient alone. She said effective stewardship “requires a sense of respect and accountability and a willingness to pursue a fundamental cultural shift and challenge the norms, stereotypes and biases that enable harassment, exclusion and disregard for the humanity of others.”
In true collaborative spirit, Hon. Chief Justice Maya drew on the expertise of the International Association of Women Judges (IAWJ)’s international law experts as well as the South African Chapter IAWJ (SAC-IAWJ) Women in Leadership in Law (WILIL) team to strengthen the draft policy. Their combined feedback ensured the final version was comprehensive, with clear provisions for reporting, enforcement, and survivor-centered protocols designed to protect the rights and dignity of all parties.
Mohini Moodley, judicial coordinator for the SAC-IAWJ WILIL initiative, emphasized that the policy represents more than institutional reform—it signals a much-awaited cultural shift within the legal system. For survivors especially, the policy balances scales of justice, promoting transparency, accountability, and fair treatment, irrespective of their position in the country’s legal ecosystem.
“The [sexual harassment] policy speaks to values of human dignity and equality which are entrenched in the [South African] constitution,” Moodley said. “The judiciary, which carries the responsibility of ensuring that the constitutional values are protected by the rule of law, must lead by example.”
The Women in Leadership in Law (WILIL) initiative is dedicated to empowering women judges in five pilot countries across the Global South: Kenya, Mexico, Nigeria, South Africa, and The Philippines. WILIL adopts a tailored approach, recognizing the distinct dynamics and context of each national judiciary. Through collaboration with national women’s judicial associations in the pilot countries, WILIL aims to promote strategic solutions for women's advancement within the judiciary.
Footnotes
1 Us Too? Bullying and Sexual Harassment in the Legal Profession. (2019). https://www.ibanet.org/MediaHandler?id=B29F6FEA-889F-49CF-8217-F8F7D78C2479
2 https://www.judgesmatter.co.za/conduct/judge-mbenenge-tribunal/
3 Masimanyane Women’s Rights International and Women’s Ikhwelo. (2025, July 13). Judge Mbenenge’s conduct at tribunal sends chilling message to women in SA workplaces. Daily Maverick. https://www.dailymaverick.co.za/article/2025-07-13-judge-mbenenges-conduct-at-tribunal-sends-chilling-message-to-women-in-sa-workplaces/
4 Cele, Z. & Leung, K.. (2025, September 2). When culture becomes a cloak: rape myths, African values, and the neutrality of the law. Daily Maverick. https://www.dailymaverick.co.za/article/2025-09-02-culture-versus-consent-as-mbenenge-tribunal-exposes-deep-fault-lines-in-sas-legal-system/
5 https://www.judiciary.org.za/index.php/judiciary/legal-instruments?download=22889:sexual-harassment-policy-of-the-south-african-judiciary
6 Sexual harassment policy announced for the Judiciary. (2025, August 11). SAnews. https://www.sanews.gov.za/south-africa/sexual-harassment-policy-announced-judiciary