Eastern Cape Judge President Selby Mbenenge is currently under investigation by the Judicial Conduct Tribunal on allegations of sexual harassment made by court secretary Andiswa Mengo. Mbenenge has testified that he sought a “romantic relationship” with Mengo but maintained that his persistence should not be viewed as harassment, arguing that such a perspective is “Eurocentric” and does not align with his cultural views. He admitted to sending most of the WhatsApp messages in question, including sexually explicit emojis, but insists the exchanges were part of a consensual interaction between two adults. Mbenenge dismissed the relevance of his marital status and said the judiciary has no code of conduct regarding sexual relationships in the workplace. The cross-examination by advocate Salome Scheepers, the evidence leader, continued to probe these claims, with further hearings scheduled[1].
The Tribunal is presided over by retired Gauteng High Court Judge President Bernard Ngoepe and began its public hearings in May 2025, following a complaint lodged by Mengo. The hearings, which resumed in July 2025, are being livestreamed and are scheduled to continue until at least 11 July 2025. The Tribunal could potentially recommend impeachment if misconduct is established[2].
During testimony on 8 July, Mbenenge denied sending explicit photographs to the complainant, reiterating that the communications were merely textual and within the context of flirtation. The cross-examination is ongoing, with both Mbenenge and Mengo providing their versions of the events at the Tribunal[3].
This case has brought significant attention to issues of sexual harassment within South Africa’s judiciary and the expectations of ethical conduct for judicial officers[4].