The judicial conduct tribunal investigating Eastern Cape Judge President Selby Mbenenge has reached its pivotal final stage, with closing arguments scheduled for today, October 21, and tomorrow, October 22. The proceedings will determine the fate of a senior jurist accused of serious sexual harassment, in a case that has put South Africa’s judiciary itself under scrutiny.
Convened by the Judicial Service Commission (JSC), the tribunal is examining detailed allegations from former court secretary Andiswa Mengo, who claims that between June 2021 and November 2022, Mbenenge engaged in a pattern of inappropriate conduct. This allegedly included sending sexually explicit WhatsApp messages and an unsolicited intimate photograph, alongside making repeated unwelcome advances towards her within his chambers.
Judge President Mbenenge has steadfastly denied all accusations, framing the interactions as mutually consensual and characterizing Mengo’s interpretation as a misunderstanding of what he describes as flirtation. He has specifically and vehemently denied sending the explicit image, labeling this particular claim a “malicious persistence.”
Throughout the cross-examination phase, the hearing grappled with the complex interplay of power and consent within a judicial workplace. The proceedings revealed a fundamental clash of perspectives, most notably when an expert witness testifying for the complainant argued that the significant power imbalance inherent in Mbenenge’s position as Judge President fundamentally compromises the possibility of true consent from a subordinate staff member.
The outcome of this tribunal carries historic weight. If the panel finds Mbenenge guilty of gross misconduct, the JSC could take the extraordinary step of recommending his impeachment to Parliament. This rare and severe measure would mark a profound moment of accountability in South Africa’s judicial history. The closing arguments will now crystallize these competing narratives, setting the stage for a decision that will resonate far beyond the Eastern Cape High Court.
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