As a Xhosa woman, I’ve always loved the feeling of being at home, especially those family gatherings during the festive season, where respect is at the centre of everything.
I have seen how my uncles engaged with people in a respectful manner, never overstepping, even when joking around. That’s how I was raised: you don’t make someone feel uncomfortable, no matter how close you are to them.
Hearing that Eastern Cape Judge President Selby Mbenenge tried to use the Xhosa culture to justify allegedly sexually harassing a junior colleague is shocking. For me, culture is about honouring people, extending kindness not finding excuses to disrespect them.
The allegations against Mbenenge
Judge President Selby Mbenenge, whose Judicial Conduct Tribunal wrapped up its evidence hearings on Thursday, is in a storm of allegations that could end his career, after serious sexual harassment claims brought by a junior court secretary, Andiswa Mengo.
Mengo says that between 2021 and 2022, Mbenenge sent her inappropriate messages, including flirty emojis, she even claims he had sent her a picture of his “private parts” followed by a request for a “BJ”.
This is the kind of story that raises eyebrows, especially when the person accused holds one of the highest positions in the judiciary.
But Mbenenge says all this was mutual flirting. He insists their chats were mutual and that he never crossed a line. In fact, he’s now accusing Mengo of lying and has opened a case against her for sharing their private messages.
Gender-based violence expert Dr Lisa Vetten has firmly stood by her view that Mbenenge has sexually harassed the complainant.
“I am not giving him advice on his love life. My response was related to my work experience and sexual harassment in the workplace.” she said
Why the cultural defence falls flat
Here’s where things get complicated. Mbenenge says his behaviour should be seen through a cultural lens. “I am a Xhosa man, and I know of something like, on the part of a lady, ukumutsa, is when you show interest in a lady, and in the Xhosa setup, they don’t look you in the eye, bayamutsa, they look down. When somebody covers their face like this, for me, a Xhosa man, that is sufficiently flirtatious. These were flirtatious interactions,” he said when explaining some of the emojis used by the complainant.
This now begs the question of whether culture can be used as a defence for making someone uncomfortable?
I find this argument deeply troubling. Being Xhosa doesn’t mean I’d ever be okay with feeling uncomfortable, just because someone claims their actions are “cultural.” Yes, culture is a beautiful part of who we are. But it can not be used as a tool to make someone feel violated.
To him, this is not harassment; it is how people within the Xhosa culture typically flirt. Now, South Africa is a country rich in diverse cultures, with 11 official languages and many ways of doing things. But let’s be real. Mbenenge wasn’t just any man; he was Mengo’s boss’s boss. There is a huge power imbalance here, and she probably ended up exposing their chats because she felt she had no other way to stop the behaviour.
This is quite concerning. If influential or powerful people can use “culture” as a way to excuse unwanted behaviour, where does this leave us?
The Co-Executive Director of Sonke Gender Justice, Bafana Khumalo, said Mbenenge’s behaviour is a clear example of a power imbalance at play.
“It is also evident that the Judge President initiated the conversations, and in Mengo’s testimony, she indicated how she said no to these advances on numerous occasions, but this did not yield positive results. This matter emphasises the issue of power imbalance, Mbenenge holds the power in this instance,” he says.
South Africa already struggles with high levels of gender-based violence. We can’t afford to blur the lines when it comes to consent and power in the workplace. No one should feel powerless or violated at work, no matter who their boss is.
Growing up Xhosa, my culture has taught me the importance of respect and kindness. Simple gestures, like a nod or a smile, never came across as discomfort. Mbenenge’s claims that his actions reflect Xhosa traditions feel like a betrayal of those values that we hold so dear in our culture.
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
Judge Mbenenge defending his behaviour: “I am a Xhosa man.”
|
As a Xhosa woman, I’ve always loved the feeling of being at home, especially those family gatherings during the festive season, where respect is at the centre of everything.
I have seen how my uncles engaged with people in a respectful manner, never overstepping, even when joking around. That’s how I was raised: you don’t make someone feel uncomfortable, no matter how close you are to them.
Hearing that Eastern Cape Judge President Selby Mbenenge tried to use the Xhosa culture to justify allegedly sexually harassing a junior colleague is shocking. For me, culture is about honouring people, extending kindness not finding excuses to disrespect them.
The allegations against Mbenenge
Judge President Selby Mbenenge, whose Judicial Conduct Tribunal wrapped up its evidence hearings on Thursday, is in a storm of allegations that could end his career, after serious sexual harassment claims brought by a junior court secretary, Andiswa Mengo.
Mengo says that between 2021 and 2022, Mbenenge sent her inappropriate messages, including flirty emojis, she even claims he had sent her a picture of his “private parts” followed by a request for a “BJ”.
This is the kind of story that raises eyebrows, especially when the person accused holds one of the highest positions in the judiciary.
But Mbenenge says all this was mutual flirting. He insists their chats were mutual and that he never crossed a line. In fact, he’s now accusing Mengo of lying and has opened a case against her for sharing their private messages.
Gender-based violence expert Dr Lisa Vetten has firmly stood by her view that Mbenenge has sexually harassed the complainant.
“I am not giving him advice on his love life. My response was related to my work experience and sexual harassment in the workplace.” she said
Why the cultural defence falls flat
Here’s where things get complicated. Mbenenge says his behaviour should be seen through a cultural lens. “I am a Xhosa man, and I know of something like, on the part of a lady, ukumutsa, is when you show interest in a lady, and in the Xhosa setup, they don’t look you in the eye, bayamutsa, they look down. When somebody covers their face like this, for me, a Xhosa man, that is sufficiently flirtatious. These were flirtatious interactions,” he said when explaining some of the emojis used by the complainant.
This now begs the question of whether culture can be used as a defence for making someone uncomfortable?
I find this argument deeply troubling. Being Xhosa doesn’t mean I’d ever be okay with feeling uncomfortable, just because someone claims their actions are “cultural.” Yes, culture is a beautiful part of who we are. But it can not be used as a tool to make someone feel violated.
To him, this is not harassment; it is how people within the Xhosa culture typically flirt. Now, South Africa is a country rich in diverse cultures, with 11 official languages and many ways of doing things. But let’s be real. Mbenenge wasn’t just any man; he was Mengo’s boss’s boss. There is a huge power imbalance here, and she probably ended up exposing their chats because she felt she had no other way to stop the behaviour.
This is quite concerning. If influential or powerful people can use “culture” as a way to excuse unwanted behaviour, where does this leave us?
The Co-Executive Director of Sonke Gender Justice, Bafana Khumalo, said Mbenenge’s behaviour is a clear example of a power imbalance at play.
“It is also evident that the Judge President initiated the conversations, and in Mengo’s testimony, she indicated how she said no to these advances on numerous occasions, but this did not yield positive results. This matter emphasises the issue of power imbalance, Mbenenge holds the power in this instance,” he says.
South Africa already struggles with high levels of gender-based violence. We can’t afford to blur the lines when it comes to consent and power in the workplace. No one should feel powerless or violated at work, no matter who their boss is.
Growing up Xhosa, my culture has taught me the importance of respect and kindness. Simple gestures, like a nod or a smile, never came across as discomfort. Mbenenge’s claims that his actions reflect Xhosa traditions feel like a betrayal of those values that we hold so dear in our culture.
Lona Sokanyile
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
Sign up for our award-winning weekly Wrap of the news here. Check out our Weekly Roundup section for our Wrap archive.
Latest Stories
Does SA need a COVID-like ministerial advisory committee to deal with HIV funding cuts?
Q&A| How the incoming US tariff hikes will impact South Africa
Joburg’s green spaces at risk: COJ’s quiet move to sell public land alarms residents
ConCourt drama: Can Cyril bench his own player?