Mbenenge tribunal dominated by power relations and sexual harassment in workplace
High court secretary Andiswa Mengo listed respect and fear among the reasons why she did not immediately reject the sexual advances of the top judge.
Eastern Cape Judge President Selby Mbenenge at the Judicial Conduct Tribunal during the sexual harassment matter him. Picture: @OCJ_RSA/X
JOHANNESBURG - Power relations and alleged sexual harassment in the workplace dominated the hearings into Eastern Cape Judge President Selby Mbenenge's alleged misconduct over the last two weeks.
Mbenenge is accused of sexual harassment and the woman who has made these claims faced questions from his legal counsel about why she responded in a manner favourable to him.
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High Court secretary Andiswa Mengo listed respect and fear among the reasons why she did not immediately reject the sexual advances of the top judge.
She was on the witness stand for 10 days, giving testimony of what she allegedly endured at the hands of the jurist for about 17 months.
When Mengo took to the witness stand, she spoke about social, cultural and power dynamics which she says played a part in the way she interacted with Mbenenge during the months she accuses him of sexually harassing her.
At the end of her time on the witness stand, Mengo - through an interpreter - chose to emphasise the point again.
"We are talking here about someone who has powers, who can do anything at work. He’s someone that one would be afraid of and he would do it in such a way that he makes you feel it when he is present."
Attorney Chriscy Blouws from the Women's Legal Centre, which is representing the complainant pro bono, highlighted the complexities in the matter.
"It just illustrated how complex and how difficult complaints of this nature are, how difficult it is for women to come forward and how more difficult it becomes once a woman comes forward."
However, during cross-examination, advocate Muzi Sikhakhane - who represents the judge - suggested that power was not static, that it could shift and used an example of blackmail to illustrate his point.