Tribunal hearing into EC Judge President Mbenenge's sex harassment matter to be held publicly

JOHANNESBURG - Retired Judge President Bernard Ngoepe has ruled that the hearing probing allegations of sexual harassment made against Eastern Cape Judge President Selby Mbenenge will be held publicly.

Counsel for Mbenenge made submissions that the hearing be held in full view of the public to safeguard the integrity of the judiciary. 

Mbenenge is alleged to have sexually harassed a secretary of the same division, Andiswa Mengo. 

The tribunal is sitting in Rosebank, Johannesburg for a hearing into the matter. 

Is the Judicial Conduct Tribunal panel inclined to move from the default position of a hearing held in camera as per the Judicial Service Commission (JSC) Act or is it inclined to have a full hearing held publicly? 

This was the pressing matter before the tribunal investigating allegations of sexual harassment against Mbenenge.

READ: Tribunal to start hearings into sexual harassment claims against EC Judge President Selby Mbenenge 

To ensure full transparency and given the respondent’s new stance, tribunal chairperson, Ngoepe, has ruled that the public will have full access to the hearing.

However, the panel expressed its dissatisfaction with the delay in making the request. 

Despite this, the tribunal said it would not resort to the default position of holding the hearing or parts of it in camera. 

The question before the tribunal now is whether the actions by the judge president amount to sexual harassment, particularly given the power dynamic between the parties and the judge's social standing.