Andiswa Mengo laid a complaint of sexual harassment against Eastern Cape Judge President Selby Mbenenge. The recent ruling by the Judicial Conduct Tribunal, which cleared Eastern Cape Judge President Selby Mbenenge of sexual harassment allegations, has sparked intense discussions about power dynamics in the workplace. Experts are concerned that this decision could discourage future victims from coming forward with their complaints.
Judges Matter has highlighted the Tribunal’s rejection of the “power differential” concept in its verdict, raising fears that this precedent may undermine the seriousness with which harassment claims are treated. JP Mbenenge was found not guilty of gross misconduct, gross incompetence, and/or gross incapacity under Section 177 of the Constitution. In its order, the JCT panel, made up of retired Gauteng High Court Judge President Bernard Ngoepe, retired Gauteng High Court Judge Cynthia Pretorius, and Advocate Gift Mashaba SC from the Pretoria Bar as additional members, said Mbenenge was, however, guilty of a degree of misconduct due to his flirtatious relationship with the complainant, Andiswa Mengo.
Mengo filed a complaint of sexual harassment against Mbenenge in 2022 for allegedly making unwanted sexual advances towards her. Coordinator of Judges Matter Alison Tilley said: “Whether or not you can find the power differential… (it means that) her refusals can be read not as refusals. They are saying that she lied about a number of instances.
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