Judge Mbenenge's conduct at tribunal sends chilling message to women in SA workplaces

Daily Maverick

3 days ago

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