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Eastern Cape Judge President Selby Mbenenge appears before the Judicial Conduct Tribunal on 21 October 2025.
The evidence leader in the Judicial Conduct Tribunal for Eastern Cape Judge President Selby Mbenenge says his case is not simply about sexual advances, but about abuse of power.
The tribunal, sitting in Johannesburg today, is hearing closing arguments in a sexual harassment complaint brought by court secretary, Andiswa Mengo, against Mbenenge.
Evidence leader, Salome Scheepers, told the panel that sexual harassment often reflects dynamics of dominance and control, rather than desire.
“It often occurs in environments where one individual wields significant authority over another. The conduct, both sexual in nature, functions as a mechanism of asserting dominance, control and entitlement, thereby affecting the dignity, well-being and working conditions of the complainant.”
Meanwhile, Mengo’s legal representative, Advocate Nasreen Rajab-Budlender, says Mbenenge’s defence, which argues that his actions were part of a cultural practice and consensual, cannot stand.
She says Mbenenge’s conduct fell far below the standard expected of the judiciary.
“Now, the logical conclusion of this argument, if it’s held to be valid, is that it is permissible to persist and to badger a woman to engage in sexual banter with you, to send you photographs of herself, to be intimate with you, until she eventually gives in and engages. That’s the logical conclusion of that argument, because it’s clear to her that she has to engage at some point because you’re not going to accept a no. So, even if she engages because she wants you to leave her alone, that will be taken as consent on your part.”
[GRAPHIC CONTENT] Judicial Conduct Tribunal – 21 October 2025:
