Judicial Tribunal to Probe Historic Sexual Harassment Complaint Against Eastern Cape Judge President in 2025

In a groundbreaking case scheduled for early 2025, the Eastern Cape High Court Judge President Selby Mbenenge will face a Judicial Conduct Tribunal over allegations of sexual harassment. This marks the first instance in South Africa where a sitting judge is being formally investigated for such allegations, potentially setting a precedent for handling similar cases within the judiciary.

The complaint was initiated by Andiswa Mengo, a secretary in the Eastern Cape judiciary, who reported unwanted interactions with Judge Mbenenge during 2021 and 2022. Mengo alleged that these interactions were non-consensual, a claim that Judge Mbenenge has contested, stating the interactions were consensual.

Retired Judge Bernard Ngoepe, presiding over the tribunal, has decided that the proceedings will be conducted partly in public and partly in camera. This decision aims to balance the need to protect the judiciary's integrity while ensuring that justice is transparent and accessible. Evidence that could potentially damage the reputations without substantiation will be handled privately, particularly allegations involving personal communications and claimed incidents within Judge Mbenenge’s chambers.

The decision to hold part of the hearing publicly, especially the evidence regarding uncontested WhatsApp messages acknowledged by Judge Mbenenge, underscores a movement towards transparency in a typically opaque judicial process. However, Judge Ngoepe emphasized the importance of not allowing the tribunal to be used as a battleground for unrelated issues, focusing solely on the allegations at hand.

This case comes after a Judicial Conduct Committee identified a prima facie case of gross judicial misconduct against Judge Mbenenge, which led to his being put on special leave rather than an automatic suspension. This deviation from standard procedure has drawn criticism from judicial watchdog groups, advocating for a more stringent approach to allegations of such a serious nature.

As the judicial process unfolds, it will be closely watched both domestically and internationally, serving as a litmus test for South Africa's commitment to maintaining ethical standards within its highest judicial echelons. The proceedings, slated for January 13 to 24, 2025, promise to be a pivotal moment in South African judicial history.