Eastern Cape Judge President Selby Mbenenge is at the centre of a high-profile judicial misconduct case, facing accusations of sexual harassment made by former high court secretary Andiswa Mengo. As closing arguments were delivered before the Judicial Conduct Tribunal this week, the chair of the tribunal made it clear that the case will be decided solely on the facts and the law—not by the court of public opinion.
The sexual harassment allegations against Mbenenge first came to public attention after Mengo, who worked as a secretary in the Eastern Cape High Court, lodged a formal complaint. She claims that Mbenenge made repeated and unwanted sexual advances toward her during her tenure.
However, Mbenenge has maintained his innocence, asserting that any interaction between him and Mengo was part of a consensual relationship. The conflicting narratives have led to a closely watched tribunal process, with intense public scrutiny and media coverage.
Arguments Conclude in Tribunal Investigating Mbenenge Allegations
On Tuesday, the Judicial Conduct Tribunal officially wrapped up arguments in the case. The presiding judge, Retired Judge President Bernard Ngoepe, addressed the heightened public interest and commentary surrounding the matter.
Ngoepe made it clear that the tribunal’s mandate is to focus exclusively on the evidence presented and the legal standards at play.
“We are going to decide this case in accordance with the law and the facts of this case and not in accordance with the court of public opinion, one way or the other,” he said. “We are totally unmoved by the court of public opinion.”
This statement was aimed at reinforcing judicial independence amid growing speculation and pressure from various sectors of society. According to Ngoepe, public sentiment—whether in support of Mbenenge or Mengo—will not sway the final judgment.
During the tribunal, Mengo’s legal representatives argued that how the judiciary handles her complaint would send a broader message about the standards of conduct expected from judges in South Africa.
They emphasized that the case was not just about personal allegations but also about the integrity of the judicial system. According to Mengo’s team, a clear and just outcome would affirm the principle that no one is above the law, including senior members of the judiciary like Judge President Mbenenge.
Their argument underlines concerns that sexual harassment within the legal profession is often silenced or downplayed due to power imbalances between complainants and high-ranking officials.
Judge Ngoepe, who leads the tribunal alongside two other members, was firm in reassuring both parties that the tribunal’s decision would not be influenced by outside noise or assumptions about Mbenenge’s guilt or innocence.
“We want to assure the parties that we are not going to consider this case according to slogans or public narratives. We are going to decide it according to the law and the facts and the evidence placed before us.”
He acknowledged that some members of the public had already formed opinions about Mbenenge’s culpability, but stressed that the tribunal must remain impartial and committed to procedural fairness.
The outcome of the Mbenenge tribunal is widely seen as a test of the judiciary’s ability to hold its own accountable, particularly in cases involving serious misconduct. If found guilty, Mbenenge could face severe consequences, including possible removal from office, which would require parliamentary approval.
This case has sparked conversations across the country about judicial ethics, gender dynamics in the workplace, and the broader fight against gender-based violence and harassment in institutions of power.
Legal analysts suggest that, regardless of the verdict, the case may influence future conduct standards and trigger reviews of how harassment complaints are handled within the judiciary.
With closing arguments complete, the tribunal will now begin its deliberation process. A report and recommendations will eventually be submitted to the Judicial Service Commission (JSC), which will decide the next steps.
There is no official timeline for when the tribunal’s findings will be released, but the legal community and public alike are watching closely.
For Judge President Selby Mbenenge, the tribunal’s ruling could mark a turning point in his legal career—either reaffirming his position or ending it amid scandal.
As the country awaits the outcome of the tribunal, one thing remains clear: the Mbenenge case is more than a personal legal battle—it’s a litmus test for South Africa’s judicial accountability. By committing to a ruling based on law and evidence, the tribunal reinforces the principle that justice must not only be done but must be seen to be done.
In a time when public confidence in institutions is increasingly fragile, how this case concludes may echo far beyond the courtroom.
Source- EWN
