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Daily Maverick
14-07-2025
- Politics
- Daily Maverick
Mbenenge's sexual harassment hearing exposes ripples of discontent in SA's legal profession
Behind the scenes, a rift has occurred in the Pan African Bar Association of South Africa (Pabasa), highlighting the notion of the law as 'apolitical' as understood by a crop of younger members. Last week, the gruelling Judicial Conduct Tribunal investigation into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge adjourned to October for argument. It is then that advocates Muzi Sikhakhane for Mbenenge, and Nasreen Rajab-Budlender for the complainant, court secretary Andiswa Mengo, will argue the case of a lifetime. The public inquiry, which began in January and is headed by retired judge Bernard Ngoepe, has not only laid bare the intimate and private lives of Mbenenge and his accuser, but also choppy waters in the legal fraternity (for it is a fraternity) itself. The creaking shifts in the tectonic plates can be traced in the arc of this extraordinary inquiry, which exposed a chasm between old and new, interpretations of language, the law and culture, and the meaning of words themselves. As the Masimanyane Women's Rights International, the Women's Ikhwelo Network and other women's groups noted in a media statement last week, 'words have power — and consequences. 'We are appalled by the misogynistic and patriarchal statements made by Eastern Cape Judge President Selby Mbenenge during his sexual harassment tribunal.' The senior judge's 'invocation of so-called 'cultural norms' to justify sexual misconduct is an affront not only to women but to the integrity of the entire South African Constitution and the judiciary,' the statement continued. Rift in Pabasa Behind the scenes, a rift has occurred in the Pan African Bar Association of South Africa (Pabasa), highlighting the notion of the law as 'apolitical' as understood by a crop of younger members. As reported by Franny Rabkin in the Sunday Times, Rajab-Budlender, Mengo's legal representative in the Mbenenge matter and a founder member of Pabasa, resigned from the organisation at the end of May. Nine other members resigned at the same time. Dali Mpofu is Pabasa secretary, and former Deputy National Director of Public Prosecutions Nomgcobo Jiba (who was struck off the roll in 2016 but restored in 2019), is its deputy chair. Formed in 2018, Pabasa describes itself as 'unapologetically black and women-oriented'. It is also 'committed to independence, professionalism and excellence in the craft of advocacy and the promotion of race and gender equality'. Its aim is also to work with other bars and the Legal Practice Council (LPC) to address unemployment among young graduates. Attacks by Pabasa members on Judge Ratha Mokgoatlheng — who presided over the Senzo Meyiwa trial — and on the LPC had since led to the exodus. Mokgoatlheng made remarks about white lawyers not being late. Since then, 36 advocates have left Pabasa, including the Arcadia and Loftus advocates' chambers in Pretoria, citing the 'politicisation' of Pabasa as the reason. Rabkin reported that a total of 45 members had resigned from other regions as well. Sikhakhane, Mbenenge's legal representative, is also a member of Pabasa and was its first chair. His encouragement of women within the organisation is acknowledged. 'Deep concern' Rise Mzansi leader Songezo Zibi penned a powerful counter to the argument by Mbenenge and his legal team that customary courtship rituals were being rendered 'unconstitutional' by the tribunal. When renowned gender-based violence expert Lisa Vetten pointed out that power imbalances between men and women existed in all societies, she was undermined as a simpleton who had no understanding of African ways. Vetten has been attacked by some of Mbenenge's supporters as a 'Western-paid NGO', which is also no doubt part of the Pizza Conspiracy. Zibi's argument, as a young black African man, as we like to say in South Africa, carries weight, no matter how much some might claim his mind has been 'colonised' or 'whitewashed'. Zibi, who heads the Scopa committee in Parliament, sets out how power relations play out here and in other government spaces where some are viewed as having authority. The kind of deference he experienced was unsettling, he opined, and it took some time to work through these power relations. With regard to cultural impulses that cannot be stopped or controlled, he wrote: 'I hope the Judicial Conduct Tribunal … does not buy this nonsense. 'Yet, this is what Judge President Mbenenge implausibly suggested before the tribunal. This laughable proposition, said with much glee, arrogance and a nauseatingly sexist intellectual superiority complex in respect of the (female) evidence leader (and his own counsel), seems to suppose the rest of us live in the world he has created in his head. 'This is the world where the most powerful individual in every high court building in the Eastern Cape is an equal to a junior secretary for the purposes of random sexual advances via text message.' Zibi also took exception to Mbenenge's insistence on asking for nude photographs even when Mengo had informed him she was not well (as has been testified), and his invocation of culture 'where it is apparently fine for a grey-haired church elder to ask a woman young enough to be his daughter to take off her clothes and send him a revealing picture'. DM
Daily Maverick
13-07-2025
- Politics
- Daily Maverick
Judge Mbenenge's conduct at tribunal sends chilling message to women in SA workplaces
Eastern Cape Judge President Selby Mbenenge weaponised culture to justify and excuse harassment, thereby revealing contempt for women's rights and reinforcing the very systems that silence survivors. Masimanyane Women's Rights International, the Women's Ikhwelo Network and women's groups nationwide are appalled by the misogynistic and patriarchal statements made by Eastern Cape Judge President Selby Mbenenge during his sexual harassment tribunal. We note the lack of accountability for the harm that has been done, not just to the complainant but to women across South Africa. Gender inequality is a key feature of the tribunal and is being perpetuated by the accused and his legal team. This case is a vivid display of patriarchy, with the power dynamics favouring the judge and dehumanising and humiliating the complainant. We call for an end to the culture of sexual harassment in South Africa's legal system and our society as a whole. Mbenenge's contemptuous dismissal of the complainant and invocation of 'cultural norms' to justify sexual misconduct are an affront not only to women but to the integrity of the Constitution and the judiciary. His actions violate the core values enshrined in the Constitution, the Judicial Service Commission Act and international commitments such as the Convention on the Elimination of All Forms of Discrimination Against Women. Culture can never be a defence for conduct that amounts to gender-based violence and workplace misconduct, as espoused in Convention 190 of the International Labour Organization, to which South Africa is a signatory. Instead of showing accountability, Mbenenge weaponised culture to justify and excuse harassment, thereby revealing contempt for women's rights and reinforcing the very systems that silence survivors. This is one of the key drivers of gender-based violence in South Africa. Invoking culture to excuse misconduct reinforces harmful gender norms and misuses heritage to shield perpetrators from accountability. The judge's conduct has led to secondary victimisation of the complainant, where institutions and processes re-traumatise survivors rather than protect them, with their ordeal played out publicly on international platforms, including YouTube — which has garnered almost 3,000 views per day — as well as to millions of viewers on television. Relentless trauma This subjects the complainant to continued, relentless trauma and humiliation. This is part of a documented and persistent culture of sexual harassment and gender-based misconduct festering within the legal profession and our society. The fact that it emanates from the highest level of the judiciary in the Eastern Cape makes it so much more heinous. We have noted with concern that precedents set by past judicial scandals, such as the Nkola Motata matter and numerous complaints reported to the Legal Practice Council, expose a sector deeply resistant to accountability. In the matter of Gaga v Anglo Platinum Limited, the Supreme Court of Appeal placed the following premium on how a manager or person in authority in the workplace should conduct themselves: 'The rule against sexual harassment targets, amongst other things, reprehensible expressions of misplaced authority by superiors towards their subordinates. The fact that the subordinate may be present as ambivalent, or even momentarily flattered by the attention, is no excuse; particularly where at some stage in an ongoing situation she signals her discomfort. If not initial behaviour, then, at the very least, the persistence therein is unacceptable.' Arrogance This case law indicates the responsibility that falls upon a senior manager in workplace situations and is critical to the review of this tribunal. This rot cannot continue. The arrogance displayed by the Judge President and his visible disdain for the complainant's rights constitute secondary victimisation and send a chilling message to women working within the legal system and nationally, that the very institutions meant to protect justice will become perpetrators of their abuse. South Africa is failing to address the pervasive levels of gender-based violence driven by gender inequality in our society. Women have had enough. To the legal community — judges, magistrates, attorneys, advocates, legal scholars, regulators — we issue this call to action: Demand fairness and justice in the disciplinary proceedings of the tribunal on the alleged sexual harassment currently under way. Silence equals complicity. Establish independent, transparent mechanisms to investigate sexual harassment claims in all sectors of the legal system and broader society. The judiciary cannot police itself. Overhaul codes of conduct to explicitly sanction and criminalise misogynistic speech and conduct by legal practitioners. Words have power — and consequences. Create safe reporting structures that protect complainants from retaliation and career sabotage. Survivors deserve justice without fear. Masimanyane Women's Rights International and the Women's Ikhwelo Network, supported by the women's movement nationally, stand in unwavering solidarity with all women who have endured sexual harassment and gender-based violence across all sectors. We refuse to allow patriarchal attitudes to remain entrenched in spaces where justice is expected to prevail. We urge every legal professional who claims to serve justice to act immediately. Root out this culture of impunity or stand exposed as enablers of misogyny and abuse. DM
Eyewitness News
11-07-2025
- Politics
- Eyewitness News
Mbenenge accuses Mengo of lying to Judicial Conduct Tribunal
JOHANNESBURG - Eastern Cape Judge President Selby Mbenenge has accused High Court secretary Andiswa Mengo of lying to the Judicial Conduct Tribunal investigating allegations of sexual harassment against him. Mbenenge is accused of making unwanted sexual advances towards the junior staffer between 2021 and 2022. A tribunal is sitting in Sandton, Johannesburg, to probe the allegations. Three years ago, Mengo posted her sexual conversations with the senior judge on her WhatsApp status. She has testified that she did this because she was extremely tired of inappropriate conversations with him and did not know what else to do. However, the judge president disputed this when quizzed by evidence leader, Advocate Salome Scheepers. 'She described this as a cry for help, a way of saying 'Here I am being sent inappropriate content by someone older, someone who holds power over me. Even someone's husband.' Did you consider how that conduct made her feel?'
News24
10-07-2025
- News24
Mbenenge believes it was ‘criminal offence' for Mengo to post his sexual WhatsApp messages
Eastern Cape High Court Judge President Selby Mbenenge has been accused of sexual harassment by Andiswa Mengo, who works as a judges' secretary in his court. X/@OCJ_RSA Be among those who shape the future with knowledge. Uncover exclusive stories that captivate your mind and heart with our FREE 14-day subscription trial. Dive into a world of inspiration, learning, and empowerment. You can only trial once.
Mail & Guardian
09-07-2025
- Politics
- Mail & Guardian
Judge claims his actions were persuasive but evidence leader argues it was harassment
Eastern Cape judge president Selby Mbenenge. (Office of the Chief Justice/ S Lioners) Evidence leader Salome Scheepers argued that it was inappropriate for Eastern Cape judge president Selby Mbenenge to initiate a relationship with the court secretary of another judge. On Wednesday, Scheepers began her cross-examination of Mbenenge — who has been accused of sexual harassment by former court secretary Andiswa Mengo — by focusing on an 8 June 2021 incident in which he asked for her phone number at her desk when he was visiting a fellow judge. The evidence leader said he initiated a conversation with Mengo in a way that abusers often do — from a professional or neutral point — only to turn it sexual later. Mbenenge countered that he had asked for her number as a 'social being', rather than it being inappropriate workplace behaviour. Mengo has testified that Mbenenge engaged in unwanted sexual advances; sent pornographic material, including photos of his private parts; requested half-naked photos and exposed himself to her at his chambers. At the start of his testimony this week, Mbenenge testified that The seven month-long tribunal has seen the contested meaning of Both sides have presented conflicting interpretations of the salacious texts, lewd photos and sexually suggestive emojis, with Mbenenge saying this was part of the normal courting process. Mengo says she felt harassed and was unsure how to respond. Mbenenge admitted he had sought a romantic relationship with Mengo and said he saw nothing wrong with this as he was not her supervisor or employer. He However, Mengo has said the workplace power imbalance made it difficult for her to reject his advances outright and that she had employed different methods to rebuff him. After he attempted to lead evidence and read from his affidavit — as he had done earlier in the week with his lawyer Muzi Sikhakhane — Scheepers interrupted Mbenenge to say he should simply answer her questions. The senior judge said he did not like the manner in which the evidence leader had spoken to him. Mbenenge and Scheepers went back and forth about whether it was appropriate for a judge president to ask for the phone number of the secretary of another judge. Scheepers argued this was a breach of professional boundaries. Mbenenge responded that he had never imposed himself as a judge president. 'In our social set-up, it doesn't matter what culture it is, you don't deal with people from the perspective of, 'Do you know that I'm a JP,'' Mbeneng said. He argued that he was not interacting with Mengo as the Eastern Cape's top judge, but Scheepers said his seniority was implied and formed part of the subliminal conversation. On the question of power, gender expert Lisa Vetten recently testified that Mengo's WhatsApp responses showed someone who used various tactics to navigate Scheepers read Mengo's testimony in January in which she said: 'I had to respect him as someone in charge — even in the manner I would have to respond to him, I had to be very cautious.' Mbenenge said Scheepers was cherry-picking sentences from Mengo's evidence, saying that, at other times during their text exchange, the complainant had said to him: 'Then you must determine what you are looking for,' which he said showed the conversation had evolved between adults and not colleagues. 'You agree then that this conversation turned from being social to being more sensual?' asked Scheepers. 'True,' replied Mbenenge. 'Why did you ask for a photo from her?' Scheepers asked. 'Because I was steering things in that direction based on the fact that I had developed an interest in her during the conversation,' Mbenenge responded . 'But if we look at the conversation before you asked her for the picture, you hadn't established that she wanted this relationship that you are seeking,' Scheepers said. 'I have not been charged for flirting in a particular manner, as against another particular manner. The issue is whether the chats were welcomed or unwelcome,' the judge president said. 'That's the point — you have to establish that it is welcomed. The fact that you asked for a photo; you haven't established whether that would be welcomed at that stage,' Scheepers insisted. Mbenenge said the evidence leader might have a particular way she would prefer someone to show interest in her, to which Scheepers replied that he should not get personal with her during the cross-examination. Throughout the cross-examination, Mbenenge refused to answer Scheepers's questions with either 'yes' or 'no', as requested, preferring to read lengthy paragraphs from the evidence book. This was contrary to his lawyer Sikhakhane's cross-examination of Mengo in January, when he took exception to her idiosyncratic responses. Another point of contention between Scheepers and Mbenenge was the interaction between the judge and Mengo, who had replied, 'I will do,' in response to his request for naked photos and later apologised for not sending them because her phone was not working. She also said she had been busy. Scheepers said Mengo kept putting off the request to signal her discomfort, to which Mbenenge said Mengo had not said she hadn't wanted to. He added that, after some persuasion, she eventually sent some photos. Scheepers argued that his definition of persuasion constituted harassment. He ignored what he did not want to accept and read what he wanted into the conversations, stating that asking Mengo for photos 11 times in one day was evidence of this. Mbenenge maintained his stance that this was part of his persuasion tactic, similar to when he would respond to her WhatsApp photos of a dress by stating: 'It looks stylish.' 'Your proposition seems to be predicated that she was not willing to send a picture and that she did not. That notion is not correct — she did send a picture,' said Mbenenge. 'It is also clear that you persuaded and persisted in asking for pictures,' said Scheepers. She argued that, when Mengo had replied 'earn it' in response to the photo request, it was because she felt uncomfortable and unsure how to respond to a senior colleague. Mbenenge vehemently disagreed. Presiding officer, former Gauteng judge president Bernard Ngoepe, said that irrespective of the court of public opinion, the tribunal members would read every page of the transcript of the text messages before making a final decision on whether Mbenenge was guilty of misconduct. 'We are going to read every single message and understand it in a way we are capable of understanding the messages,' said Ngoepe. The tribunal is set to conclude on Thursday 10 July. Afterwards the Judicial Conduct Tribunal will make recommendations to the Judicial Service Commission as to whether Mbenenge is guilty of misconduct. The sexual harassment charge could lead to impeachment, if the commission makes further recommendations to the National Assembly.
