Rédaction Africa Links 24 with Des Erasmus
Published on 2024-02-23 08:31:04
Chief Justice Raymond Zondo has been tasked with providing clarity on the decision by the Judicial Service Commission (JSC) not to recommend the suspension of the Eastern Cape judge president in light of sexual harassment charges. Furthermore, the recent information that Judge Selby Mbenenge has filed serious criminal charges against his accuser a year after she filed the complaint has raised concerns about the potential negative impact on the public’s trust in the judiciary. This decision has led to calls from organizations such as Judges Matter, a civil society watchdog of the judiciary, warning that it could undermine the credibility of the JSC.
The JSC’s explanation for not seeking the suspension of Mbenenge was that he was already on special leave. However, this reasoning has been met with skepticism, as the JSC has recommended the suspension of other judges who were also on special leave in the past. There is a concern that the different treatment of Mbenenge may undermine the investigation and the findings of the JSC. Judges Matter in particular is seeking clarity on when Mbenenge requested special leave, when it was approved, when it began, and whether any conditions were attached. They have also expressed concern about the potential for witness interference and the need for assurances that such interference will not occur.
Additionally, the decision by Mbenenge to press charges against his accuser raises further questions about the implications of the JSC’s rulings. The organization has emphasized that the decisions and inconsistencies from the JSC could send a negative message to the public, especially to victims of gender-based violence. There is a call for the JSC to consider the wider implications of its decisions and the steps taken to mitigate their impact on the judiciary.
It has been noted that Mbenenge’s decision to avoid suspension has raised concerns, especially in light of his decision to file criminal charges against his accuser. The decision not to suspend Mbenenge deviates from past precedent, where judges accused of serious misconduct have been placed on suspension pending the outcome of tribunal investigations. This controversy has tarnished the credibility of the JSC and the judiciary at large.
There are also concerns about the impartiality of the decision-making process, as it has been revealed that a commissioner with a professional relationship with Mbenenge had commented on the matter. Furthermore, delays in addressing the allegations and the absence of a formal policy on dealing with sexual harassment within the judiciary have heightened the criticism of the JSC’s handling of the issue.
In response to these concerns, Chief Justice Raymond Zondo has acknowledged the letter from Judges Matter and is expected to provide clarity on the matter. In the meantime, there is a need for the JSC to address the inconsistencies in their decisions and to take proactive measures to uphold the integrity and credibility of the judiciary. Additionally, there is a growing demand for the adoption of a formal policy on sexual harassment to ensure that appropriate measures are in place to address such allegations.
Read the original article on Mail & Guardian
