Image created by AI
The Eastern Cape High Court Judge President, Selby Mbenenge, is currently undergoing a tribunal hearing that could mark a historic impeachment due to allegations of sexual harassment. The case, brought forth by Andiso Mengo—a former secretary in the judiciary—spans incidents from 2021 to 2022, involving inappropriate communications and gestures.
Advocate Salomé Scheepers, presenting the evidence, stated that Mbenenge had admitted to his actions, which by his own acknowledgment, bordered on gross misconduct. This admission, coming from a leading judicial figure who is also a married man and heavily involved in community and church activities, has sparked significant public and professional uproar due to the contradictions with the expected conduct of a judge.
Mengo alleges that Judge Mbenenge harassed her through various means including WhatsApp messages, comments on her appearance, and unwanted advances in his chambers. Her testimony is supported by other judiciary members, potentially including former Chief Justice Raymond Zondo, initiated by Mbenenge’s defense.
The proceedings of the tribunal, initially intended to be partially private to protect the judiciary’s integrity, were opened fully to the public following arguments from Mbenenge’s attorney, Muzi Sikhakhane, and deliberations involving Chief Justice Mandisa Maya. This decision was aimed to avoid any insinuations that the judiciary was shielding its own and to maintain transparency in the probing of such a serious accusation.
The public nature of the tribunal allows an in-depth look into not only the specific allegations but also broader issues such as power dynamics within workplaces and the impact of such conduct on public trust towards the judiciary. Advocates Scheepers and Nasreen Rajab-Budlender, representing the complainant via the Womens Legal Centre, emphasized the need to interpret the evidence within the broader context of workplace harassment and the specific vulnerabilities of women in subordinate positions.
The proceedings highlight an unprecedented scenario where a sitting judge—and a high-ranking one at that—is called to account under charges of gross misconduct relative to sexual harassment, setting a potential precedent for future cases in South Africa’s judiciary system.
As the tribunal continues, the legal community and public alike await the outcomes, which could include Mbenenge's impeachment should the charges be substantiated. With testimonies stretching till January 24, the implications for Mbenenge’s career and the broader judicial standards are significant.