MEDIA STATEMENT
Johannesburg, South Africa, Monday, 13 January 2025 – Public Interest SA notes with grave concern the ongoing Judicial Conduct Tribunal hearings into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge. This case represents a pivotal moment for the South African judiciary, highlighting the urgent need for accountability, ethical conduct, and transparency at all levels of governance, particularly within institutions tasked with upholding the law.
Judge President Mbenenge, accused by Ms Andiswa Mengo of making unwanted and unwelcome sexual advances both in person and via WhatsApp, stands at the centre of a matter that could potentially lead to impeachment. Public Interest SA commends Ms Mengo for her courage in coming forward, as well as her insistence that the hearings be conducted publicly, reinforcing the principles of open justice and transparency.
The Tribunal’s decision to allow public access to the proceedings is a critical step toward ensuring that justice is both done and seen to be done. As stewards of public trust, members of the judiciary must uphold the highest ethical standards and be held to account when these are called into question. This includes addressing the troubling power imbalances that often underpin workplace harassment and ensuring that victims are supported in their pursuit of justice.
It is also concerning that Advocate Muzi Sikhakhane, representing Judge President Mbenenge, has indicated an intention to subpoena former Chief Justice Raymond Zondo. While the Tribunal Chairperson, retired Judge President Bernard Ngoepe, has rightly emphasised that such a move must be justified and relevant, Public Interest SA cautions against any actions that could detract from the focus of these hearings or create unnecessary spectacles that undermine their seriousness.
Sexual harassment remains a pervasive issue in workplaces across South Africa, disproportionately affecting women, particularly those in subordinate positions. The judiciary, as the custodian of justice and fairness, must be beyond reproach. Allegations such as those against Judge President Mbenenge threaten to erode public trust in the judicial system and weaken the very foundations of our democracy.
Public Interest SA reiterates the importance of upholding the principle of innocent until proven guilty, while underscoring that accountability for ethical lapses, regardless of rank or title, is essential to restore and maintain public confidence in the judiciary. Should these allegations be proven, they would constitute gross judicial misconduct warranting impeachment.
We call on the Judicial Service Commission to ensure that these hearings proceed with integrity, impartiality, and a commitment to uncovering the truth. Furthermore, we urge the judiciary and other workplaces to take proactive steps to create environments that are free from harassment and abuse of power, offering robust support systems for victims and clear consequences for perpetrators.
It is noteworthy that these hearings are taking place just days after the Judicial Conduct Tribunal found Judge Nana Makhubele, who chaired the interim board of the Passenger Rail Agency of South Africa (Prasa) following her appointment as a judge in Gauteng, guilty of gross misconduct.
Public Interest SA remains committed to promoting ethical governance, justice, and accountability in South Africa. We stand in solidarity with all those who work to expose and address misconduct in positions of power.
ENDS
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For media inquiries, please contact:
Bagaetsho Oteng
Media & Communications, Public Interest SA
Tel: 010 005 5884 | Email: media@publicinterest.org.za