Office of chief justice says it's 'protecting staffer after death threat'

The office of the chief justice (OCJ) has confirmed it is aware of a threat made against Andiswa Mengo, a judges' secretary who has laid a sexual harassment complaint against Eastern Cape judge president Selby Mbenenge. 

The complaint is before the Judicial Conduct Tribunal and Mbenenge could be impeached if found guilty. 

According to News24, Mengo discovered a threatening note in the judges' chambers on May 30, when she and a colleague arrived at work.

One side of the paper had the words: “Remember, one bullet is waiting for you,” while the other issued a chilling ultimatum: if she did not withdraw the sexual harassment case against Mbenenge within a week, she would never see her child again.

The department said the matter had been reported to the police for investigation.

“The SAPS will undertake a threat and risk assessment in liaison with Mengo and decide in terms of her protection,” said the OCJ. It said  Mengo had agreed to be temporarily moved to a different work location while the police investigate and assess the risk. 

“Only the chairperson of the tribunal can make pronouncements regarding the processes of the tribunal,” it said.

Judges Matter's Alison Tilley said the threat will undoubtedly have a chilling effect on the complainant, as well as on others who may consider raising similar concerns. 

“It is common for witnesses and complainants in cases of this nature to face harassment and threats, making it essential to implement measures that ensure their protection,” she said.

She said while improving protection for whistle-blowers is a matter on the justice minister's desk, much more needs to be done to ensure that people feel safe about coming forward with information.

“The Zondo commission made several important policy recommendations on this issue, but they have yet to be implemented. Protecting complainants is essential to ensuring that sexual harassment is dealt with quickly and efficiently,” she said.

The Women's Legal Centre, which is representing Mengo at the tribunal, has condemned the threats.

“We have consistently raised concerns about our client's safety with her employer, the office of the chief justice, as well as with the Judicial Service Commission and the tribunal panel.

“We have requested, repeatedly and with urgency, that her safety and relocation be prioritised. We are still awaiting a formal response from her employer, who has indicated that the matter is being dealt with at national level. We continue to hope that a decision will be communicated without delay, as the safety and wellbeing of Ms Mengo and her family remains a top priority,” the centre said.

It said the incident reflected the precarious and dangerous position women often find themselves in after reporting sexual harassment in the workplace.

“It highlights the urgent need for victim-centred systems that prioritise physical and emotional protection, and that enable women to speak out without fear of intimidation or retaliation. The reality is that women who report sexual harassment are often targeted and silenced. Ms Mengo's courage must be met with protection, not punishment,” it said.

Tina Hokwana, a legal practitioner, said the event will erode the ability of victims and witnesses to trust that they will be protected when they speak out against perpetrators, particularly when perpetrators hold positions of power.

“As a country, we are already dealing with recent gender based violence incidents, which have further highlighted the violence women experience daily. There is already a societal perception and reality that victims and witnesses are not protected in the ordinary course of the administration of justice — for a person in Mengo’s position, this experience grows exponentially as a result of the power imbalances at play in her case,” she said.

Further, she said the incident must also be viewed within the context of the recent reports of systemic corruption, which have been exposed in the news recently.

“This incident will, unfortunately, be seen in that context, and it will bring questions of whether the judiciary can deal with what seems to be deeply embedded corruption and abuse of power,” Hokwana said.

According to Hokwana, whistle-blowers are an important part of holding public and private institutions and individuals accountable — they are a central pillar to any democracy and should be protected.

“I think the OCJ should take this matter as not only an attack on Mengo but an attack on fundamental judicial constitutional values and principles which obligate the judiciary to apply the law without fear, prejudice or favour. Where the OCJ can work with other arms of government, it definitely should to ensure a proper investigation is conducted and Mengo is protected,” she said.