Class should not be a factor in determining adult relations, Mbenenge tells tribunal

JOHANNESBURG - Eastern Cape Judge President Selby Mbenenge told the Judicial Conduct Tribunal investigating allegations of sexual harassment against him that class should not be a determining factor in adult relations.

The judge president was testifying before the fact-finding body in Sandton, Johannesburg, as the misconduct probe against him continues.

He is accused of making unwanted sexual advances towards high court secretary, Andiswa Mengo, between 2021 and 2022.

While he admits to wanting to engage in relations with the junior staffer, he disputes sending her explicit content, including a male private part, and attempting to expose himself to her in his chambers in November 2022.

The tribunal previously heard testimonies from expert witnesses asserting that the power dynamics between the two made it difficult for Mengo to directly reject his advances.

It was also testified that, because he is a judge, Mbenenge should not have pursued a relationship with his subordinate.

His legal counsel, Advocate Muzi Sikhakhane, quizzed Mbenenge on this submission.

"What is your response to the theory that you are a judge president or you are a judge, you should not seek to have any romantic engagement with someone below your class."

Mbenenge said he frowned upon class distinctions.

"This thing about class distinction during this age and era is something that I look down upon. I don’t believe that a JP, when it comes to engaging in whatever relationship, they are confined to persons of the same class. They are human beings. I know of judges who married their secretaries in this country. Heavens did not fall."

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