Eastern Cape Judge President Selby Mbenenge is expected to take the stand and testify on Tuesday in the judicial conduct tribunal hearing investigating the sexual harassment complaint against him.
The tribunal is also expected to give a ruling on Tuesday on whether evidence leader, advocate Salome Scheepers, can call a gender expert to testify at the tribunal.
The judicial conduct tribunal hearing is investigating Makhanda High Court judge’s secretary Andiswa Mengo’s sexual harassment complaint against Mbenenge.
The hearing is taking place at The Capital Hotel, Empire, in Sandton, Johannesburg, and is expected to last until Friday.
Plan to call gender expert to testify
After Monday’s proceedings concluded with the testimony of Prabagaran Naidoo, the director for facilities and security in the Office of the Chief Justice, Scheepers said she planned to call a gender expert to testify.
Mengo’s lawyer, advocate Nasreen Rajab-Budlender SC, supported the call for a gender expert to be called; however, Mbenenge’s lawyer, advocate Muzi Sikhakhane SC, objected to this.
The chairperson of the tribunal, retired Gauteng judge president Bernard Ngoepe, said he will give a ruling on Tuesday morning on whether a gender expert can testify.
Ngoepe is assisted by retired Gauteng Division of the High Court judge Cynthia Pretorius and advocate Gift Mashaba SC in listening to evidence at the tribunal hearing.
Meanwhile, Sikhakhane told the tribunal panel that Mbenenge is ready to testify, stating that his evidence-in-chief should last for only a day.
Application to view footage
Earlier on Monday, Naidoo told the tribunal panel that Eastern Cape judge and Mbenenge’s friend, Bantubonke Tokota, viewed video footage at the centre of Mengo’s sexual harassment complaint without following proper procedure.
Naidoo said the video footage Tokota viewed was for the period of November 14 and 15, 2022.
He said the footage was depicting the chambers passage of the Mthatha High Court, where Mbenenge’s chambers are.
Naidoo told the tribunal that, in line with proper procedure, Tokota was supposed to make an application to Naidoo’s office, requesting to view the footage and have access to it.
He said since Tokota did not make an application to view the footage, what Tokota did was not in line with court protocol.
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.
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.
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