By Akani Nkuna
The Judicial Conduct Tribunal investigating allegations of misconduct by Eastern Cape Judge President Selby Mbenenge is set to resume on Tuesday in Johannesburg.
Chaired by retired Gauteng High Court Judge President Bernard Ngoepe, the tribunal will hear the closing stages of evidence following months of delay.
The outcome could determine if Mbenenge faces impeachment.
Mbenenge has been accused of sexually harassing Andiswa Mengo – a judge’s secretary at the Eastern Cape High Court. Mengo filed her complaint in January 2023 at the same court.
In the complaint, she referred to “in-person and electronic complaints of a sexual nature” that took place at the High Court building, between June 2021 and November 2022. This included receiving sexually explicit photos of the Judge’s genitalia, via WhatsApp, from Mbenenge.
During the course of the tribunal, Mbenge has maintained that his actions were reciprocated by Mengo and that he was “never rebuffed”.
Mengo has told the tribunal that while she sometimes addressed the judge informally, calling him “cute” and “daddy,” her behaviour stemmed from fear and intimidation rather than consent.
During prior cross-examination, Advocate Muzi Sikhakhane SC, representing Mbenenge, argued that Mengo was not a credible witness and had created an environment that allowed for what he described as cordial and comfortable interactions with the Judge President.
Evidence leader, senior State Advocate Salome Scheepers, however, has told the tribunal that according to his own account, Mbenenge effectively admitted to gross misconduct. The judge, said Scheepers, had continued to request photographs of Mengo even after she repeatedly said no.
The tribunal has faced several postponements, including disputes over expert witnesses. Oral and written submissions from both parties are scheduled for Tuesday and Wednesday.
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