The tribunal proceedings of Eastern Cape Judge President Selby Mbenenge are officially underway, captivating public attention and offering a disturbing glimpse into power dynamics within the judiciary. South Africa’s first judicial sexual harassment tribunal began last week on Monday, 13 January, under the Judicial Service Commission’s Judicial Conduct Tribunal. They are tasked with investigating allegations of sexual harassment made by High Court Secretary Andiswa Mengo.
The tribunal examines whether a judge’s actions amount to gross misconduct—serious behaviour that violates ethical standards and could lead to removal from office if proven.
At the heart of the trial are WhatsApp messages and images that Mengo says Mbenenge sent her in 2021, including explicit content and a pornographic collage. She claims these were unsolicited and part of a pattern of harassment, while Mbenenge insists the interactions were consensual.
Breaking down the claims
According to Mengo, the messages began innocuously, with Mbenenge commenting on her social media updates or asking about her personal life. But soon, she says, the tone shifted. By 17 June 2021, she alleges he sent her a series of inappropriate messages late at night, including a sticker of male genitalia and the text “BJ = ?” — which she interpreted as a reference to a sexual act.
Mengo testified that the explicit content was so persistent that she felt pressured to respond to placate Mbenenge despite being disgusted by his advances. In one instance, she says she replied “it’s nice” to a pornographic collage he sent her because she feared that anything else would provoke further harassment.
“I responded in this manner because I knew he wanted me to respond in a way that pleased him, whereas I knew that whatever I said, I did not mean it,” she told the tribunal.
The judge’s defence
Mbenenge has flatly denied sending the explicit images and maintains that their exchanges were consensual. His defence hinges on Mengo’s responses, which his legal team argues were flirtatious and did not indicate discomfort. However, evidence leader Salome Scheepers pointed out that the power dynamics in this case are hard to ignore.
“As the judge president, [Mbenenge] holds substantial influence over the entire judiciary in the Eastern Cape,” Scheepers said. “Despite this power, the judge president never sought to establish whether [Mengo] was willing to engage in a consensual relationship.”
What’s next?
The tribunal, chaired by retired Judge President Bernard Ngoepe, has been combing through WhatsApp transcripts and other evidence to determine whether Mbenenge’s conduct amounts to gross misconduct. While the tribunal has allowed the media to report on the case, it has ruled that disputed explicit images cannot be released until the final ruling.
Mengo’s testimony paints a picture of relentless harassment. She claims Mbenenge sent messages referencing his genitalia as a “python” and even asked her to send explicit photos of herself, which she refused. The transcripts also reveal that Mengo repeatedly attempted to set boundaries, texting “no” to his advances and expressing frustration.
The trial has also highlighted the emotional toll on Mengo. She testified that the explicit messages compounded her stress, particularly as she was already navigating a hostile work environment with another manager. “I wanted to tell him that these messages were putting me under a lot of stress,” she said.
Why this matters
This case isn’t just about one woman’s allegations. It’s also about the broader issues of power, consent, and accountability within South Africa’s judiciary. In a country grappling with a gender-based violence crisis, the allegations against a figure as influential as Judge President Selby Mbenege carry significant weight. South Africa has one of the highest GBV rates globally, with countless women navigating harassment and violence in both public and private spaces. The case raises urgent questions about how power imbalances are exploited and the systems in place to protect those who come forward. If found guilty, Mbenenge could face impeachment—a rare and significant move in the country’s legal history.
For now, the trial continues, with more testimony and cross-examination expected in the coming days. Whatever the outcome, this case has already sparked critical conversations about workplace harassment and the responsibilities of those in positions of power.
Emma is a freshly graduated Journalist from Stellenbosch University, who also holds an Honours in history. She joined the explain team, eager to provide thorough and truthful information and connect with her generation.
