Online Reporter
While a great deal of progress has been made in eliminating sexual harassment and abuse of subordinates in both the public and private sectors, few would attempt to deny that we still have some way to go before we reach the sort of work environments we all deserve.
No one denies that, in many ways, a decent workplace demands respect in both directions. Subordinate staff do have to respect those in authority over them and obey lawful instructions and sensible disciplinary rules; but that is remarkably easy to enforce.
It is the relationship in the other direction that causes problems, when those in authority bully or sexually harass their subordinates, who frequently have an inadequate framework to stop this. Grey areas do, unfortunately, still exist where perhaps a borderline is not quite crossed.
At other times, those at the highest levels might not take complaints seriously enough. It can sometimes be too easy to use intimidation and threats to stop harassed and bullied staff from even raising the first complaint.
That is now changing.
One area which has not received a lot of attention is the judiciary itself, the guardian of legal rights and obligations. It is clear from complaints that some judges, while preserving decorum in their courtrooms and enforcing rules in public, are deficient when dealing with junior staff behind closed doors.
Now Chief Justice Elizabeth Gwaunza has flung down the glove and publicly demanded an end to harassment, bullying and other evils within the judicial walls.
As head of the judiciary, and chair of the Judicial Service Commission, she has both the responsibility and the authority to demand decent behaviour.
At the recent judges’ symposium marking the end of the second legal term this year, she made her position clear. Judges have immense authority and, to preserve their judicial independence, are very difficult to remove or otherwise discipline.
So their subordinates—described by the Chief Justice as clerks, researchers, secretaries, drivers and other staff who work closely with them—can be particularly vulnerable if a judge decides to move beyond the limits of judicial decorum and human decency.
What she described as the imbalance of authority is more severe than in most workplaces, thus placing a higher level of responsibility on each judge.
Each Chief Justice makes their mark on the judiciary.
Chief Justice Gwaunza’s predecessor, Chief Justice Luke Malaba, pressed hard to improve the efficiency and accessibility of the judicial system, making it clear that every judge and other judicial officer had to pull their weight.
There were some substantial and significant improvements as a result, even though a handful of judges who resisted the changes in culture eventually had to face an independent tribunal chaired by a retired judge and were dismissed.
The overwhelming majority embraced the higher standards being set in their judicial work.
Chief Justice Gwaunza now wants to build on the foundations set by her predecessors and broaden the standards, while presumably demanding adherence to the inherited culture and standards.
This also fits in with her legal interests before her appointment to the bench.
The Judicial Service Commission, which has been receiving complaints from junior staff in the court system, is now finalising a sexual harassment policy that will create a practical framework for confidential complaints, investigations and any necessary corrective action.
But the Chief Justice stressed that this policy is just the framework, and cannot replace the individual responsibility laid on each judge to be fair and decent in all respects, not just in their judicial work.
While sexual harassment policies are always useful, we need to remember that what they demand should be the automatic norm for decent and responsible people.
A judge who respects hard-working and efficient subordinates is hardly likely to be troubled by such a policy.
And the judge would have earned their respect, with the additional advantage that they will also seek to improve their standards.
The Chief Justice noted that while a high level of legal knowledge is vital for a judge, the position demands a lot more, including a willingness to continually learn and adjust, since no judge arrives on the bench fully equipped for such an important office.
They have to learn through experience and sharing experiences, hence these end-of-term symposiums.
The continuing progress within the judiciary sets an example for the wider society. Judges should be setting examples, and those examples need to be good examples—in fact, excellent examples—for the wider society.
