OPINION | Women should be protected from unscrupulous men in authority in the workplace

As we celebrate women, it is important to highlight how some behaviours of men in workplaces can create unsafe environments for them.

It is important to start by making a disclaimer that we are not making any judgment on whether the disgraced Eastern Cape Judge President (JP), Selby Mbenenge, is guilty of sexual misconduct. The Ngoepe tribunal is better placed to deliver its own findings.

However, Mbenenge’s testimony at the tribunal mirrors how skewed power relations can promote sexual misconduct and predatory culture in the workplace.

It was disappointing to hear a judge with years of judicial experience trying to justify his pursuit of dating a junior staff member. The judge tried not only to use the history of his fellow judges dating their secretaries as an excuse but also used the complainant's [Andiswa Mengo] age as an excuse for his desire to have a romantic relationship with her.

It is also disappointing that Mbenenge fails to see that there was a skewed power dynamic weighing in his favour. His argument that Mengo was not directly under his supervision nor employed by the judiciary (his employer) but the justice department, does not negate the fact that he holds more power than her.

Had the situation been reversed, with Mengo behaving in a sexual manner towards the JP, he could have easily reported her to her managers. This is because he has significant influence and access to the senior managers in the justice department purely based on his position and authority.

This gives him the power to put fear into the heart of Mengo should she refuse to comply with his instructions.It would not be far-fetched for Mengo to have complied on the basis that the JP is her senior.

It is important that men in powerful positions in workplaces do not use their power, directly or indirectly, to seek sexual or romantic favours with their juniors because this leaves women in subordinate positions with only a choice of either acting on the request or risking their jobs.

While there is no law that directly forbids employees from engaging in romantic relationships, workplaces need to create conducive environments that allow those who are targeted by their seniors for sexual and romantic favours to find safe havens.

Ultimately, men in power need to face an uncomfortable truth – in workplace hierarchies, where power is uneven, the lines of consent are distorted. Consent in this kind of environment is clouded by considerations of job security, career progression and even professional reputation.

When a subordinate is being pursued, they may feel they do not have the freedom to say no. They may acquiesce out of fear. To be clear, consenting out of fear must not be understood as genuine consent but rather as coercion.

When men in power fail to recognise how hierarchy distorts consent, it is easy for them to convince themselves that the feelings they hold for subordinates are mutual. Others understand exactly how power can erode consent but choose to exploit that power anyway.

Men must recognise that this conduct is unacceptable. Beyond this, all men should acknowledge that the culture that allows this kind of behaviour is not down to one man but has been built by all of us.

When men excuse and downplay this kind of misuse of authority, we feed into a culture that creates harm for women. We have to do more than make general promises of good intentions, we must educate and hold our peers to account. We must lead by example to ensure workspaces are safe and built on trust, not fear.