Response on the EWN Report -Judge Jansen’s rape comments

        

For reference on the EWN press report, refer to: http://ewn.co.za/2016/05/10/ANC-More-needs-to-be-done-to-transform-judiciary

According to the article by Kaplan published in 2010 Social media is based on the ideology that users should not only be consumers of information but rather they should also be participants on the internet. It is with the above understanding that Social Media application are designed to enable users to create, interact, collaborate and share content as oppose to just consuming it.

This ability or functionality of social media to allow user to be active participants online enables many users to openly express themselves and share information without any social barriers, protocol and supervision, mainly because they interact in the comfort of their own space. Many social media users feel that these platforms allow them freedom of expression in its true sense because they can share whatever they like, whenever they like. 

Over the years, we have seen social media platforms being the centre of many disputes between organizations and their members or employees. In most instances, if there is a social media offence, it is normally committed by the offender in their own personal social media profile. However, not many companies are friendly to this excuse as the offence implicates them both financially and reputationally.

Looking at the very recent rape comments by Judge Mabel Jansen where she claimed that rape was part of black culture and that black men believe it’s their right to sexually assault women and children. These comments were not received well by the public, as such; many retaliated on social media with comments and at times insults which seemed to condemn the racial remarks. The Black Lawyers Association (BLA) is amongst the many organisations advocating for the resignations of Judge Mabel Jansen. Furthermore, political parties and other civil right organisations support the call for Judge Mabel Jansen to step down as the incident can potential perpetuate racism if it is not dealt with firmly. Furthermore, the Judicial Service Commission (JSC) has also confirmed that a formal complaint has been lodged against Judge Mabel Jansen.

Gillian Schutte who made Judge Mabel Jansen comments public, states that the comments were made last year in 2014 however never received attention of the judiciary. It is very unfortunate or rather strange that the comments are only going viral now however, it is such cases where one should be reminded of the power of social media. It is in this light that users should align themselves with the recommendations of Johnston’s article published in 2014, where he emphasized that users should be responsible and remember that anything posted on social media can go viral, no matter what your privacy settings may be.

The above advice is not only applicable to individuals but also organizations. It is also worth noting that the judiciary as an institution is unclear on how to deal with Judge Mabel Jansen social media predicament, particularly within the social space.  As such, many misconceptions regarding the case are being perpetuated, resulting in the integrity of the judiciary being compromised. This event alone reinforces the need for organizations and institutions to have a robust Social Media Governance in place to effectively deal with all social media risks and incidences whiles realizing the value and benefits of social media.