The judicial conduct tribunal hearing the sexual harassment complaint against Eastern Cape judge president Selby Mbenenge has ruled that a gender expert should come and testify at the hearing.
When the tribunal’s proceedings commenced on Tuesday, chairperson of the hearing, retired Gauteng judge president Bernard Ngoepe, said the tribunal decided to allow the evidence of the gender expert to be heard.
Ngoepe is assisted by retired Gauteng Division High Court judge Cynthia Pretorius and Adv Gift Mashaba SC.
Evidence allowed
“We decided that it is better that we err on the side of caution. It is better that we allow for the evidence to be given. Then if it is irrelevant, we can at the end of the proceedings say it is irrelevant. If we exclude the evidence from being given, which might be relevant and material, we would have erred,” said Ngoepe.
After giving his ruling, Ngoepe adjourned the proceedings briefly. The tribunal panel needed to have a meeting with all the legal representatives in the case to discuss the testimony of further witnesses.
Mbenenge is expected to take the stand and testify on Tuesday.
The judicial conduct tribunal is investigating judges’ secretary Andiswa Mengo’s sexual harassment complaint against Mbenenge.
To continue till Friday
The hearing is taking place at The Capital Hotel Empire, in Sandton, Johannesburg. It is expected to take place until Friday.
On Monday, the hearing’s evidence leader, Adv Salome Scheepers, said she intends to call a gender expert to testify.
Mengo’s lawyer, Advocate Nasreen Rajab-Budlender SC, did not oppose the request for a gender expert to testify.
Mbenenge’s lawyer, Adv. Muzi Sikhakhane SC, objected to a gender expert being called. He citied reasons that it is not relevant and the testimony of the expert would come at the late stage of the hearing.
In Mengo’s complaint to the tribunal, she accuses Mbenenge of making “unwarranted” sexual advances towards her at work and in WhatsApp conversations between June 2021 and November 2022.
Impeachment
It is the first tribunal hearing of sexual harassment allegations against a judge. And if found guilty, this could trigger a process for Mbenenge’s impeachment.
Mbenenge has been on special leave since 2023.
The tribunal hearing continues.
