Limpopo Attorney’s R400,000 Claim Dismissed After Wedding Ring Remark
Polokwane, South Africa – – The Limpopo High Court has dismissed a claim of R400,000 brought by an attorney against a court clerk, stemming from a conversation about the clerk’s wedding ring. The case, which began with an exchange at the Mokopane Magistrate’s Court in , highlights the complexities of workplace interactions and the boundaries of professional conduct.
The claimant, Manki Oupa Thabethe, a former District Court Magistrate with 23 years of service, alleged that Aletta van der Bank acted maliciously when she reported him under the Protection from Harassment Act. Thabethe had sought damages from van der Bank, claiming she had wrongfully and maliciously laid a false charge of harassment against him. The court, however, sided with van der Bank, upholding an earlier ruling by the Regional Court.
The dispute originated during a visit by Thabethe to the Mokopane Magistrate’s Court to inquire about a default judgment application. During the conversation, Thabethe noticed van der Bank was not wearing her wedding ring and inquired if hand sanitiser had affected it. He then reportedly suggested that her marital status might be perceived differently, implying she might appear available for marriage.
According to court records, van der Bank responded professionally, stating, “A wedding ring does not prevent you from doing wrong things.” She then proceeded to assist Thabethe with his inquiry, and he subsequently left the court. The following day, van der Bank reported the incident to the police, describing the conversation as unprofessional and inappropriate, and applied for a protection order against Thabethe.
In , the presiding officer in the protection order case granted Thabethe absolution, finding that the single conversation did not constitute harassment. Despite this initial ruling, Thabethe pursued a civil action seeking R400,000 in damages. The Limpopo High Court ultimately rejected his appeal, agreeing with the lower court’s assessment that van der Bank’s actions were not malicious.
The court’s decision underscores the importance of maintaining professional boundaries in the workplace. While the exchange was brief, the court found that van der Bank was justified in feeling uncomfortable with Thabethe’s comments and in seeking protection under the law. The case also serves as a reminder of the potential legal ramifications of seemingly innocuous remarks that could be perceived as harassing or inappropriate.
The ruling, delivered by the Limpopo High Court in Polokwane, effectively closes the legal chapter in this dispute. The court’s judgment affirms the right of individuals to report behaviour they deem unprofessional or harassing without fear of retribution or costly legal challenges. The case has drawn attention to the delicate balance between casual conversation and potentially offensive conduct within professional settings.
The legal proceedings spanned several years, beginning with the initial conversation in , the protection order application and subsequent ruling in , and culminating in the High Court’s dismissal of Thabethe’s claim on .
