Judge Mbenenge Inquiry: Romance or Harassment?
Eastern Cape Judge President Selby Mbenenge has stated he desired a “romantic relationship” with court secretary Andiswa Mengo, who has accused him of sexual harassment. The Judicial Conduct Tribunal is currently probing the complaint.
During cross-examination on Tuesday, Judge Mbenenge maintained that his persistence was not harassment. He argued that viewing persistence as harassment is a “Eurocentric perspective” that fails to appreciate his culture.
Mbenenge admitted to sending most of the messages, including sexually explicit emojis, but claims it was a consensual relationship between two adults. He also asserted that his marital status was irrelevant.
Evidence leader advocate Salome Scheepers questioned Mbenenge about the ethical standards expected of a judge president, emphasizing the importance of leading by example. Scheepers highlighted that Mbenenge was expected to show the highest ethical standards.
Mbenenge responded that he would properly address any unbecoming behaviour of a judge in his division, but that it had nothing to do with the proceedings. He further claimed he was not an employer and not bound by the Labour Relations Act. He stated that the judiciary has no code of conduct regarding sexual relationships in the workplace.
The cross-examination is set to continue on Wednesday. The outcome of this inquiry could have significant implications for the judiciary's code of conduct and ethical standards.
Key Arguments Presented:
- Judge Mbenenge admits to wanting a romantic relationship with the complainant.
- He denies harassment, citing cultural differences.
- The tribunal is examining the ethical responsibilities of a Judge President.