• Skip to main content
  • Skip to header right navigation
  • Skip to after header navigation
  • Skip to site footer
MyZA

MyZA

News, Directory, Events and Other Stuff

  • Social Media
  • Sport
  • World News
  • Home
  • Submit News
  • Directory
  • Events
  • Stratlec
  • TFSA
  • News
    • APO
    • Today’s Sport News
    • Todays Social Media and Tech Headlines
    • Today’s World News
    • Today’s SA Financial News
  • Contact
You are here: Home / News / Sexual Harassment Complaint Against Eastern Cape Judge President Set for January

Sexual Harassment Complaint Against Eastern Cape Judge President Set for January

10 December 2024 by Guest

But the public will not have access to all the evidence

A Judicial Conduct Tribunal probing a complaint of sexual harassment against Eastern Cape High Court Judge President Selby Mbenenge will sit early next year.

  • A Judicial Conduct Tribunal probing allegations of sexual harassment against Eastern Cape High Court Judge President Selby Mbenenge will start early next year.
  • But some evidence, including WhatsApp messages and photographs he allegedly sent to secretary Andiswa Mengo, will not be heard in public.
  • Tribunal chair Bernard Ngoepe has ruled that it would not be in the interests of the judiciary for all evidence to be publicly heard or broadcast live.

A Judicial Conduct Tribunal probing a complaint of sexual harassment against Eastern Cape High Court Judge President Selby Mbenenge, the first such case in South Africa against a sitting judge, will commence early next year.

The complaint against Mbenenge, which could result in his impeachment, was laid by Andiswa Mengo, a secretary who works for another judge in the Eastern Cape. The hearing has been set down for 13 to 24 January.

But some of the evidence will be led behind closed doors.

The tribunal president, retired Judge Bernard Ngoepe, has ruled that the proceedings will be held partly in camera “in the interests of the judiciary”.

Mengo and the SABC had made submissions to the tribunal that the hearing should be open to the public and broadcast live, while Judge Mbenenge argued that the entire hearing should be held in camera.

Judge Ngoepe, in his ruling, said that the Judicial Service Commission Act provided for an “in camera” default position but gave him, as the tribunal president, discretion to open the hearing if it were in the public interest for the purposes of transparency.

He said both Mengo and the SABC had largely based their arguments on the importance of a public hearing and that the matter was in the public interest.

Mengo, he said, had raised the “scourge of abuse and sexual harassment of women at work”. But she had not given any explanation how the fight against this would be undermined by an in camera hearing.

This, he said, was venturing into the realm of conjecture.

“The purpose of these proceedings is not to fight other battles. They are tailored to deal with complaints, specifically against judges.

“We must be careful not to weaponise these proceedings to fight other battles,” he said in his ruling dated 9 December 2024.

Read the ruling here

Judge Ngoepe said Judge Mbenenge had argued that the allegations had the “potential to cause untold, irreparable reputational damage, were they not to be sustained in the final analysis and the proceedings end up being accessed by the public and the media”.

Judge Ngoepe said looking at the nature of the allegations, there was merit to his concerns.

“While he concentrated on the reputational damage to himself, I will concentrate on possible damage to the judiciary because he is not just a member thereof, but one of its leaders.”

He said that while the purpose of the prosecution of complaints against judges was to protect the image of the judiciary, the Act sought to ensure that while that was being done “we do not unwittingly cause irreparable damage to the very image sought to be protected”.

He said this could happen where damaging allegations, aired in public, were later found not to be true.

“By merely holding these proceedings, a strong and unequivocal message has already been sent out there that it does not matter how junior you are in the workplace, your sexual harassment complaint would be diligently investigated and appropriate steps taken against the accused person irrespective of their seniority. I do not see how this message can be nullified by an in camera hearing.”

He said the fact that Judge Mbenenge had been placed on special leave was another “clear message”.

Judge Ngoepe said any acquittal would not repair any possible damage to the judiciary; there would not be a “public cleansing ceremony” during which the damaging allegations could be erased or retracted.

Damaging the judiciary could not be in the public interest, he said.

He ruled that the proceedings will be held partly in public and partly in camera. Evidence relating to the WhatsApp messages, which Judge Mbenenge did not deny the contents of or that they came from him, would be heard in public and could be broadcast live.

But evidence relating to messages and pictures which he denied came from him or his cellular phone, and messages and pictures relating to some indecent incidents alleged to have occurred in his chambers, would be held in camera.

Judge Mbenenge has been the Judge President of the Eastern Cape since November 2017.

The allegations by Mengo relate to alleged unwanted interactions in 2021 and 2022 which Judge Mbenenge claimed were consensual. She first filed the complaint in January 2023.

In September 2023, a Judicial Conduct Committee ruled there was a prima facie (on the face of it) case of gross judicial misconduct against him which, if confirmed, could lead to his impeachment. The Judicial Service Commission then appointed the tribunal to hear the matter.

Judges Matter has reported that this is the first major case of sexual harassment to reach the formal stage of the complaints process. However, it criticised the fact that Judge Mbenenge was allowed to go on special leave, instead of being subjected to the usual automatic suspension.

© 2024 GroundUp. This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.

You may republish this article, so long as you credit the authors and GroundUp, and do not change the text. Please include a link back to the original article.

We put an invisible pixel in the article so that we can count traffic to republishers. All analytics tools are solely on our servers. We do not give our logs to any third party. Logs are deleted after two weeks. We do not use any IP address identifying information except to count regional traffic. We are solely interested in counting hits, not tracking users. If you republish, please do not delete the invisible pixel.

Read More at GroundUp

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on WhatsApp (Opens in new window) WhatsApp
  • Share on Mastodon (Opens in new window) Mastodon
Category: NewsTag: 2024, ACT, Africa, Eastern Cape, GroundUp, Judiciary, Makhanda, ONE, Port Elizabeth, SABC, South Africa, Stage, Women

If you feel strongly about this article then feel free to send MyZA a ‘Letter to the Editor’ using the submission form below:


Letter to the Editor

This field is for validation purposes and should be left unchanged.
If this is in response to an article please include that article title here or as the lead in for the first paragraph of your Letter below.

Separate tags with commas

Localise your letter by naming the city your words are about. Add relevant words describing your subject. Single comma separated words of no more than 5
Your Name(Required)
Your Name will be linked to the website below.
Your personal, business or social media web site
Choose NO to not set up a user account on MyZA. User Accounts will allow you to submit letters under your own Author Name

3 Latest Letters to the Editor:

  • Fun South African fact

    Dear Editor Fun South African fact: towns like Franschhoek and Stellenbosch are home to world-class wine farms set in stunning, scenic surroundings. Regards Aressa Smith In Response to/From: Luxury Properties Seized in New Lottery Crackdown

    27 January 2026
  • Condolences on the Passing of Lusanda Dumke

    Statement by Leander Kruger MPL – DA Buffalo City Constituency Leader: The Democratic Alliance in Buffalo City Metropolitan Municipality mourns the passing of Springbok Women’s rugby player and Mdantsane trailblazer, Lusanda Dumke, who lost her battle with cancer at the age of 28. South Africa has lost an exceptional athlete, a leader, and a source…

    17 December 2025
  • Rape Kits Delivered, But…

    Statement by Nicholas Gotsell MP – DA NCOP Member on Security & Justice: The DA can confirm that 2 840 rape kits arrived in Cape Town on Monday, following sustained DA oversight and pressure after multiple police stations across the Western Cape were found to be without this critical forensic evidence tool. While this delivery…

    17 December 2025

About Guest

Previous Post:Skip the Gift Card: Creative Christmas Ideas for the Whole Family
Next Post:President Ramaphosa stresses Job Creation, Inclusive Growth in Mpumalanga

Reader Interactions

Comments

  1. Princess Dove

    12 December 2024 at 7:35 am

    Fun South African Fact: South Africa is the largest producer of platinum in the world.

  2. Combo Saw

    10 December 2024 at 4:52 pm

    How do I start a successful news site in South Africa?

Copyright © 2026 · MyZA · All Rights Reserved · Powered by Reach Trust