The Judicial Conduct Tribunal investigating sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge will resume at the end of next month after a recess granted to allow his legal team time to prepare for the testimony of a gender expert.
The expert was called at the request of evidence leader Advocate Salome Scheepers to address power dynamics in the workplace, a key factor in the case. Judge Mbenenge’s secretary, Andiswa Mengo, has accused him of making unwanted advances between June 2021 and November 2022.
Legal Team Challenges Relevance of Gender Expert
Mbenenge’s lawyers previously opposed the inclusion of the gender expert, arguing that the testimony lacked relevance. However, gender activist Asanda Ngoasheng, speaking in an interview, emphasized the importance of examining patriarchal power structures in such cases.
“We live in a world where we don’t often interrogate patriarchy and its impact,” Ngoasheng said. “Power imbalances determine what society deems acceptable behavior, and we need more conversations about ethical conduct in workplaces.”
Power Dynamics and Workplace Harassment
Ngoasheng highlighted the complexities of workplace relationships, particularly when senior figures hold authority over junior staff. “The ethical breach starts with the person in power,” she said, noting that victims often face backlash for speaking out.
She also pointed to broader systemic issues in the legal profession, where young women reportedly face pressure to tolerate inappropriate behavior to advance their careers. “Many women leave the field entirely because they feel unprotected,” she added.
Broader Implications for the Legal System
The case has drawn attention to accountability within South Africa’s judiciary. Ngoasheng noted that those tasked with upholding the law are sometimes the same individuals accused of violating it. “This complainant is challenging a powerful figure in a system where peers may protect each other,” she said.
The tribunal’s next session will scrutinize whether Mbenenge abused his position, with the gender expert’s testimony expected to play a pivotal role.
