The woman who accused Eastern Cape judge president Selby Mbenenge of sexual harassment has been labelled a liar by the tribunal handling her complaint — a stinging credibility finding experts say will make it difficult for her to take the case further. Mbenenge has been cleared of sexual harassment and gross misconduct by the Judicial Service Commission (JSC). While the JSC’s 169-page report has not yet been officially released, the Sunday Times has seen it.
A key finding in the report, which comes after months of high-profile hearings, is that court secretaryAndiswa Mengoomitted him from her original complaint flirtatious and sexually suggestive messages she herself sent to the judge president. What is more, an alleged in-person incident at the courthouse involving inappropriate behaviour on the part of Mbenenge could not be proved. Those findings, the tribunal said, undermined her claim that she was an unwilling participant in the exchanges.
The ruling saves Mbenenge from impeachment and clears the way for his return to the bench on Monday — after his having spent nearly two years on special leave. This case has highlighted the institutionalised patriarchy within our judicial system But the findings have sparked a fierce backlash from activists and legal experts, who say the outcome sends a troubling signal about how the intersection of power, gender and workplace conduct is understood at the highest levels of the judiciary. “This case has highlighted the institutionalised patriarchy within our judicial system and the entitlement of men, including in some of the highest offices of the land, to treat women colleagues as worthy sexual conquests,” said Prof Rachel Jewkes, a leading researcher on violence against women.
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“We will never realise our constitutional right to gender equality and a life free from violence while these travesties continue.” The Women’s Legal Centre (WLC), which represented Mengo, said it was still processing the “deeply disappointing language used in parts of the report”. “We are currently supporting our client, who requires time to process the outcome. We are awaiting her instructions before taking further steps,” it said. But the WLC welcomed the finding that Mbenenge was guilty of misconduct for engaging in inappropriate workplace behaviour, saying it confirmed Mengo’s complaint had merit, and that the actions she had complained of were “unacceptable and improper”.
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