Latest news with #SelbyMbenenge
Mail & Guardian
16-05-2025
- Politics
- Mail & Guardian
Judicial tribunal forces legal community to rethink sexual harassment
Being screened: Eastern Cape Judge President Selby Mbenenge is appearing before a judicial conduct tribunal on sexual harrassment charges. Experts say sexual harassment remains pervasive in South Africa's legal system, especially among candidate attorneys and court secretaries This content is restricted to subscribers only . Join the M&G Community Our commitment at the Mail & Guardian is to ensure every reader enjoys the finest experience. Join the M&G community and support us in delivering in-depth news to you consistently. Subscription enables: - M&G community membership - independent journalism - access to all premium articles & features - a digital version of the weekly newspaper - invites to subscriber-only events - the opportunity to test new online features first Already a subscriber?
Mail & Guardian
13-05-2025
- Politics
- Mail & Guardian
Mbenenge tribunal postponed as lawyers argue relevance of gender expert
Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images) The tribunal hearing on the Mbenenge was due to take the stand this week before the Judicial Conduct Tribunal to help determine whether he is guilty of gross misconduct as a high ranking judicial official. In the matter being heard before Judge Bernard Ngoepe, lawyers could not agree on whether gender expert Lisa Vetten should testify at this stage of the inquiry. After a brief debate Ngoepe decided to allow Vetten to testify, although evidence leader Salome Scheepers admitted she had not received a summary report from the expert for the respondent to prepare. Ngoepe said he would allow all sides to be heard even though it might take more time than initially expected. 'We are of the view that, rather err on the side of caution; rather allow evidence even though there's argument about its relevance, allow it nevertheless to be given,' he said. After extended discussions in Ngoepe's chambers on whether Mbenenge's counsel would still call him to the witness stand, the postponement was announced. Chris Oxtoby, a research consultant for Freedom Under Law, said Vetten's evidence would be relevant to ' He told the Mail and Guardian that 'It seems probable that he will argue that his interactions with the complainant were consensual. It also appears that he will deny some of the events, such as the allegation that he exposed himself to the complainant, and also that Muzi Sikhakhane, SC, for Mbenenge, had argued during the first sitting of the tribunal in January that Mengo In his ruling Ngoepe said he would allow Vetten to testify because he was confident that if the testimony proved irrelevant, Mbenenge's counsel would deal with it accordingly. Sanja Bornman, a gender law and policy specialist at Thusa Consulting, said the tribunal has been lengthy and 'very formal with an atmosphere not always conducive to best evidence in sensitive cases like sexual harassment'. Bornman told the M&G that sexual harassment is not an ordinary misconduct and to create 'a truly victim-friendly process that permits innovative protective measures for a complainant' may require an amendment of the rules. 'We have heard much about the power dynamics at play in this matter, and it is in the interest of justice to fully explore the socio-cultural and other factors that inform a person's power and ability to consent, or not, to sexual intimacy in a workplace context,' she said. Oxtoby noted that although the case sets an important example that complaints of misconduct will be taken seriously, even if found guilty this did not necessarily mean Mbenenge would be impeached. Bornman said although the tribunal will not create legal precedent as such, its findings will send an important message to the legal profession, the judiciary in particular, and the public at large. 'Whatever that message turns out to be remains to be seen, and it will undoubtedly be the subject of analysis for a long time to come,' she said.
News24
13-05-2025
- Politics
- News24
Mbenenge Tribunal rules gender expert can testify – despite Judge President's objections
Retired Judge President Bernard Ngoepe has ruled that gender expert Dr Lisa Vetten can testify before the Judicial Service Commission (JSC) Tribunal investigating sexual harassment accusations against Eastern Cape Judge President Selby Mbenenge, despite his objections. Although Mbenenge's advocate, Muzi Sikhakhane, questioned the relevance of Vetten's testimony in determining the truth of High Court secretary Andiswa Mengo's accusations against the Judge President, the tribunal chairperson, Ngoepe, ruled on Tuesday that such relevance could be determined after her evidence. It was the tribunal's view that it was 'better to err on the side of caution' in that respect, he said. The hearing adjourned to allow evidence leader Salome Scheepers and the lawyers representing Mengo and Mbenenge to agree on how the tribunal should proceed.
Mail & Guardian
12-05-2025
- Mail & Guardian
Key CCTV footage missing in Mbenenge sexual harassment tribunal
Eastern Cape judge president, Selby Mbenenge. (Judges Matter) The The director of facilities and security management at the office of the chief justice, Prabagaran Naidoo, testified that he received CCTV footage from 14 and 16 November 2022 from the Mthatha high court. The complainant in the matter, 37-year-old court secretary Andiswa Mengo, has said she is unsure whether the alleged office sexual harassment by the judge occurred on 14 or 15 November 2022. She testified earlier that she fled The tribunal is in its second week after resuming this month from its initial sitting in January, during which Mengo endured eight days of cross-examination. Mengo says the Naidoo told the tribunal he 'can't say' what happened to the missing footage. Footage from 14 and 16 November 2022 was transferred to the Midrand office of the chief justice almost a year later, he said. According to Naidoo, he received a call from Norman Mabuza, the Eastern Cape court's head of security, after Judge Bantubonke Dakota requested to review footage from the 14th and 15th. 'In his affidavit, Judge Dakota says he viewed footage from 14 and 15 November. But the footage stored and transferred was of the 14 and 16 November,' counsel for Mengo, Nasreen Rajab-Budlender said. Naidoo acknowledged the discrepancy and confirmed that the only footage he requested to be downloaded and preserved was what Dakota had viewed. He said he realised the importance of the footage only after the story appeared in the media. Naidoo also testified that each court has a control room where footage is stored for 45 to 60 days, and may later be transferred to the office of the chief justice's central servers. Naidoo had asked that the relevant footage be couriered to his office in Midrand on a USB. 'Whether this evidence was tampered with, I cannot confirm,' he said, adding that he had told Mabuza at the time: 'If a judge took time to view the footage, it might amount to something later on. So just save it and keep it.' Naidoo admitted he cannot account for the missing footage of the 15th. His counsel, advocate Griffith Madonsela, pointed out that CCTV footage from 14 November shows Mengo walking past Mbenenge's office twice without entering. Dakota, in his affidavit, confirmed that in the footage he viewed, Mbenenge was seen arriving with a briefcase and leaving with it. He said she did not appear in the footage he reviewed. Both counsel for Mengo and Mbenenge were surprised the footage was missing and said it would have supported either one of their cases. The tribunal continues this week with counsel for Mbenenge, advocate Muzi Sikhakhane SC, saying he is ready to call his client to the witness stand as early as Tuesday morning.
Mail & Guardian
11-05-2025
- Mail & Guardian
Andiswa Mengo and the judge who could not read between the lines
Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images) A case of judicial misconduct that experts say could have been resolved in six months has instead taken three years since the alleged sexual harassment of 37-year- old court secretary Andiswa Mengo started in 2021. The proceedings resumed in May after an initial sitting in January, during which Mengo endured eight days of cross-examination. She described the conduct she experienced from the judge as a persistent series of inappropriate comments, messages and an alleged incident of indecent exposure. The hearing has garnered public interest because of the The misconduct tribunal is of highly venerated Eastern Cape high court Judge President Selby Mbenenge, with close to 40 years in the legal fraternity, Legal experts say the case has far-reaching implications for women's rights in the workplace and justice system with regard to the credibility of the subtle and measured responses Mengo employed to rebuff Mbenenge's advances. Jeanne Bodenstein, chief executive of Thusa Consulting, which trains companies on sexual harassment policies, said women are socialised in South Africa's cultural setup to be obliging, particularly to older people. 'The truth is that women are doing this in their everyday lives, if not in the workplace, in public spaces or at home, and just about everywhere men and women mix. It's a skill that every woman sadly masters at a young age, because statistics tell us that women are often hurt and even killed for saying no,' she told the Mail & Guardian . As a junior employee and single mother, Mengo would not want to be seen as 'problematic' or 'difficult' while interacting with the most senior person in the province's judiciary, added Bodenstein. 'There is just no way any woman in her position would risk their job by offending or angering the boss she has to see almost every day. The best she could do for herself was to avoid, hint at a no, and when all else failed, as it did, placate,' she said. Mbenege is expected to use his day in the public hearing before the tribunal ends on 15 May to push back against Mengo's earlier testimony of disgust at the judge's in-person and WhatsApp advances. While Mengo claims Mbenenge failed to read between the lines of her indirect rejection, Muzi Sikhakhane, SC, representing the judge, said her 'playful' emojis contradicted her statement of repulsion. Digital forensic specialist Fascoi Moller testified this week that many of the Wise4Afrika director Brenda Madumise says organisations need to have clear protocols of how to conduct communications after work hours. Madumise told the M&G that women are often not sure how to react or respond when workplace contact crosses over to private life. She says while women don't want to appear rude, they later question whether they enabled the behaviour. 'That is the problem with this kind of thinking. When such harassment happens to victims they start to make the other person feel comfortable even with the intrusion,' said Madumise. 'You are more worried about the feelings of the other person more than yourself.' After the Judicial Service Commission (JSC) ruled there was a prima facie case for an investigation, former chief justice Raymond Zondo said Mengo's complaint ' The public hearings are at stage four of the JSC process. If found guilty, the commission may Evidence leader Salome Scheepers Mengo's counsel, Nasreen Rajab-Budlender, has stressed throughout the inquiry Mengo testified Mbenenge started showing interest in her at the office and subsequently sent sexually suggestive texts on WhatsApp. Mengo said she tried and failed to make her displeasure clear at the suggestive texts, inappropriate comments at the office and the judge exposing himself to her in his chamber. At one point he requested a half naked photo of her, which she rebuffed with wid- eyed emojis and followed up with questioning how he could say such things as an older married man. On Tuesday, linguistics specialist Zakeera Docrat testified that text emojis were used for non-standard sexualised purposes to depict sexual acts and a means to sexually harass. Bodenstein told the M&G that the increasing time lapse between Mbenenge sending messages and Mengo's answers seem to show that she grew increasingly avoidant. Similar to in-person interactions, Bodenstein says women usually try to protect themselves with the least amount of offence to the perpetrator, especially if this is a senior official Research and advocacy officer at Judges Matter Mbekezeli Benjamin said the public hearing has forced a reckoning in the legal profession and the judiciary about sexual harassment. Benjamin says there has been robust debate over the past three months since the public hearings began, which he hopes will spur concrete action to deal with the underlying issues. 'There have been numerous informal discussions alongside formal discussions that have taken place at events such as the International Association of Women Judges' Conference in early April, at a workshop hosted by the Johannesburg Bar's sexual harassment committee in mid-April and at the National Association Democratic Lawyers' AGM in early May,' he told the M&G. During Mengo's cross-examination, Scheepers highlighted that text messages were always initiated by Mbenenge while starting a neutral conversation, which eventually turned sexual. Counsel for the respondent highlighted Mengo initiated a conversation where she wished Mbenenge a happy father's day, which she stated she sent to other older men at the office. Although Mengo's responses were perceived as coy and ambiguous, her counsel have argued she was attempting to balance a thin line between rebuffing sexual advances while not souring the professional relationship During Mengo's cross-examination, Sikhakhane stated the tone of the texts changed when she asked whether Mbenenge was prepared to pay — after the judge requested half naked photos. Mengo says she was feeling annoyed and demeaned when he asked for the photos and this tactic was a way to deter him. Madumise told the M&G it was surprising the judiciary has not had an She said sexual harassment in the legal profession was most prevalent among candidate attorneys who depended on their principals to pass the bar and take on cases. Madumise said Chief Justice Mandisa Maya, who is leading the draft of an anti-sexual harassment policy, should setup a platform to launch a complaint anonymously where witnesses are called after an investigation, which would encourage more women to speak out. Benjamin said a written policy would also set up structures to assist in training and sensitising, rigorous investigation, support to victims and prosecution of perpetrators in a fair, speedy and transparent process. The tribunal heard testimony from court secretaries at the Mthatha and Gqeberha high courts, detailing how Mengo's initial complaint was handled — contrasting it with the later, commissioned complaint filed by the legal adviser at the Office of the Chief Justice. This distinction forms a key part of the argument Mbenenge's counsel plans to pursue in the coming week. Sikhakhane alleges Zondo has evidence that Mengo was coached to file a complaint as a way to damage Mbenenge's reputation. It is unclear whether Mbenenge will testify in his own defence, said Benjamin, adding that although it is an inquisitorial process, the tribunal can subpoena any witness — including Mbenenge himself — to answer any question. 'In light of his unique position as a senior leader in the judiciary, we do hope that the judge will voluntarily explain his version of events and assure the public that his conduct is fitting of a judge,' said Benjamin. Mengo has alleged that Mbenenge had a reputation for 'The boundaries between professional and personal lives are increasingly blurred and this requires work place policies and practices that clearly sets out boundaries as well as acceptable methods for communication,' said Bodenstein. Mengo maintains she
