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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
TimesLIVE
10-07-2025
- Politics
- TimesLIVE
Chief justice asks Mkhwanazi and Masemola to back up allegations
The acting secretary-general of the Office of the Chief Justice has officially requested national police commissioner Gen Fannie Masemola and KwaZulu-Natal provincial commissioner Lt-Gen Nhlanhla Mkhwanazi to submit evidence supporting the allegations made by Mkhwanazi on Sunday. Mkhwanazi was also urged to lodge formal complaints with the Judicial Service Commission and/or the Magistrates' Commission, where appropriate. Chief justice Mandisa Maya, said the judiciary stands firm in its commitment to accountability and the rule of law. 'If any person, including Lt Gen Mkhwanazi, has credible evidence of unlawful or unethical conduct committed by a member of the judiciary, they are urged to report such matters to the legally mandated structures of the state. Unsubstantiated allegations, however, regrettably undermine the administration of justice and weaken public trust in our institutions, which are essential to upholding our constitutional democracy,' Maya said. Mkhwanazi made damning allegations against police minister Senzo Mchunu on Sunday. He accused the minister of interfering with police investigations and of being an associate of people with questionable characters. He claimed that in 2024, a request was received from the Gauteng Organised Crime Investigation Unit for help in dismantling an organised crime syndicate operating across the country and controlled from Gauteng. Investigations revealed that the syndicate involved politicians, members of law enforcement (including SAPS, metro police and correctional services), prosecutors and members of the judiciary and was being controlled by a drug cartel in collaboration with certain businesspeople. Reacting to the allegations, the judiciary said it noted the remarks with serious concern. 'Such claims, made without substantiation, are extremely damaging to public confidence in the independence and integrity of our courts — a fundamental pillar of our constitutional democracy,' the Office of the Chief Justice said in a statement. The office said judicial officers were bound by the judicial oath or solemn affirmation of office to uphold and protect the constitution and the human rights entrenched in it, and to administer justice to all people alike without fear, favour or prejudice, as per the constitution and the law. 'As such, any suggestion of impropriety within the judiciary is treated with the utmost gravity. These bodies are constitutionally and statutorily mandated to investigate complaints against judicial officers. The JSC derives its authority from Section 178 of the constitution, read with the Judicial Service Commission Act, 1994 (Act 9 of 1994). Furthermore, the Magistrates Commission operates under the Magistrates Act, 1993 (Act 90 of 1993). Both institutions have well-established mechanisms to address allegations of misconduct, ensuring due process and fairness,' reads the statement. Reaffirming its dedication to justice, transparency and the principles enshrined in the constitution, the Office of the Chief Justice said should any judicial officer be found to have acted unlawfully or unethically, appropriate action must be taken without hesitation.
IOL News
02-07-2025
- Politics
- IOL News
Tribunal denies cross-examination in Judge Mbenenge's sexual harassment case
Judge Selby Mbenenge during tribunal proceedings. Image: Picture: Office of the Chief Justice/N Mabusela Sexual misconduct accused Judge President Selby Mbenenge will not be cross-examined by sexual harassment complainant Andiswa Mengo's legal team after their application was denied at the Judicial Conduct Tribunal on Tuesday. Tribunal chairperson, retired judge Bernard Ngoepe, denied the application brought by Nasreen Rajab-Budlender on behalf of her client Mengo. Further to Mbenenge, witnesses brought on his behalf will also not be cross-examined, Ngoepe ruled. The ruling was made in accordance with the Judicial Service Commission Act. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ 'After looking at the Act, we are of the view that such a right should not be granted. We say so for certain considerations, indicating that we strove to achieve fairness as far as possible. 'This includes that we allowed legal representation for the complainant, albeit within limits. Secondly, we allow the complainant's legal representatives to put questions to witnesses who had been called by the evidence leader.' The ruling was made ahead of Mbenenge's legal team presenting their case at the Tribunal. Counsel for Mbenenge confirmed they would be calling four witnesses - the last of which would be the judge president himself. Earlier Tuesday, continuing her testimony, gender equality researcher Lisa Vetten maintained that when Mengo engaged in conversation with Mbenenge, in what she interpreted as sexting, it had come at a much later stage in their conversations after Mbenenge persisted with untoward chats. Vetten continued her testimony to the Judicial Conduct Tribunal after the Tribunal resumed on Monday. Mbenenge is accused of sending Mengo untoward WhatsApp chats over an extended period, and in one incident, it is alleged that he asked Mengo to engage in a sexual act in his chambers. Mengo lodged the complaints in December 2022. During cross-examination, and seemingly aggrieved by the response submitted by Vetten, Mbenenge's counsel criticised Vetten for her 'long-winded explanations' and sympathetic approach to the complainant in her responses. The submission by advocate Muzi Sikhakhane was affirmed by a vigorous head nod of his client, Mbenenge. Vetten submitted, during cross-examination by Sikhakhane on Tuesday, that Mengo had given quite different responses at different times. Sikhakhane probed Vetten on whether it undermines her decades of work when false claims are made. Vetten confirmed that she has dealt with false claims of sexual harassment, but did not ascribe to the falsehood that 'if one woman lies, therefore everybody else lies'. 'When somebody lies about their house being broken into in order to claim insurance, we do not start to doubt everybody who makes an insurance claim. That is the attitude we should take with these matters. We should make it less exceptional. 'We should allow for the fact that yes some women will not behave well. And the fact that some women behave well does not mean that all women behave well,' said Vetten. Sikhakane said that Vetten had given sympathetic interpretations when it came to Mengo's statements, but did not do the same for Mbenenge. Vetten submitted that Mengo's conduct did become ambiguous. 'At times she does not say anything, then she does engage, then she is evasive. The respondent is pretty clear about what he wants… What I am saying is when you look at the times when she is saying 'no, no, no', and gives a response like that (referring to a sexting message), there is ambiguity,' said Vetten. Proceedings continue. Cape Times
IOL News
01-07-2025
- Politics
- IOL News
Cross-examination denied in Judge Mbenenge's sexual harassment tribunal
Eastern Cape Judge President Selby Mbenenge attending the tribunal. Image: Office of the Chief Justice / N Mabusela Sexual misconduct accused Judge President Selby Mbenenge will not be cross-examined by sexual harassment complainant Andiswa Mengo's legal team after their application for such was denied at the Judicial Conduct Tribunal on Tuesday. Tribunal chairperson, retired judge Bernard Ngoepe, denied the application brought by Nasreen Rajab-Budlender on behalf of her client Mengo. Further to Mbenenge, witnesses brought on his behalf will also not be cross-examined, Ngoepe ruled. The ruling was made in accordance with the Judicial Service Commission Act. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ 'After looking at the Act, we are of the view that such a right should not be granted. We say so for certain considerations, indicating that we strove to achieve fairness as far as possible. 'This includes that we allowed legal representation for the complainant, albeit within limits. Secondly, we allow the complainant's legal representatives to put questions to witnesses who had been called by the evidence leader.' The ruling was made ahead of Mbenenge's legal team, who would present their case at the Tribunal. Counsel for Mbenenge confirmed they would be calling four witnesses - the last of which would be the judge president himself. Earlier on Tuesday, continuing her testimony, gender equality researcher Lisa Vetten maintained that when Mengo engaged in conversation with Mbenenge, in what she interpreted as sexting, it had come at a much later stage in their conversations after Mbenenge persisted with untoward chats. Vetten continued her testimony to the Judicial Conduct Tribunal on Tuesday after the Tribunal resumed on Monday. Mbenenge is accused of sending Mengo untoward WhatsApp chats over an extended period, and in one incident, it is alleged that he asked Mengo to engage in a sexual act in his chambers. Mengo lodged the complaints in December 2022. During cross-examination, and seemingly aggrieved by the response submitted by Vetten, Mbenenge's counsel criticised Vetten for her 'long-winded explanations' and sympathetic approach to the complainant in her (Vetten's) responses. The submission by advocate Muzi Sikhakhane was affirmed by a vigorous head nod of his client, Mbenenge. Vetten submitted, during cross examination by Sikhakhane on Tuesday, that Mengo had given quite different responses at different times. Sikhakhane probed Vetten on whether it undermines her decades of work when false claims are made. Vetten confirmed that she has dealt with false claims of sexual harassment, but did not ascribe to the falsehood that 'if one woman lies, therefore everybody else lies'. 'When somebody lies about their house being broken into in order to claim insurance, we do not start to doubt everybody who makes an insurance claim. That is the attitude we should take with these matters. We should make it less exceptional. 'We should allow for the fact that yes some women will not behave well. And the fact that some women behave well does not mean that all women behave well,' said Vetten. Sikhakane said that Vetten had given sympathetic interpretations when it came to Mengo's statements, but did not do the same for the respondent (Mbenenge). Vetten submitted that Mengo's conduct did become ambiguous. 'At times she does not say anything, then she does engage, then she is evasive. The respondent is pretty clear about what he wants… What I am saying is when you look at the times when she is saying 'no, no, no', and gives a response like that (referring to a sexting message), there is ambiguity,' said Vetten. Proceedings continue.
Eyewitness News
08-05-2025
- Politics
- Eyewitness News
JSC official helped Mengo draft her complaint against Mbenenge, tribunal hears
JOHANNESBURG - The Judicial Conduct Tribunal investigating claims of sexual harassment against Eastern Cape Judge President Selby Mbenenge has heard that an official from the Judicial Service Commission (JSC) assisted high court secretary, Andiswa Mengo, draft her complaint against the judge. Mengo has accused the judge president of making unwanted sexual advances towards her between 2021 and 2022 and laid her official complaint at the Office of the Chief Justice in 2023. But the assistance she received from Kutlwano Moretlwa, the former secretary in the JSC, has been the subject of interrogation before the tribunal currently sitting in Sandton, Johannesburg. The provisions of the Judicial Service Commission Act have been thrust in the spotlight before the hearings of the Judicial Conduct Tribunal currently underway. According to the act, parties lodge complaints with the JSC, which then refers the matter to the Judicial Conduct Committee, which then considers whether there's a prima facie case for which the judge must answer and will make its recommendation known to the JSC. But Advocate Muzi Sikhakhane probed Moretlwa on the role she played in the complaint that she would later be tasked with receiving. Sikhakhane: "Did she tell you that she needed legal representation and that you would have to play that role? In fact, I'm correct that it's not your job to be the legal representative of any complainant that comes because it would be unfair you ended up typing the complaint of a complainant that must submit it to yourself." Moretlwa: "That is correct, counsel." But Moretlwa testified that she provided substantial help to Mengo when she was too emotional to type the complaint herself in December 2022. Sikhakhane asserted that the only role Moretlwa was meant to play was only to explain the process of laying a grievance.
