Mengo's legal team remains “deeply troubled" by Judicial Conduct Tribunal report
Andiswa Mengo accused Eastern Cape Judge President Selby Mbenenge of sexual harassment.
Image: Office of the Chief Justice / N Mabusela
The legal team of judge’s secretary Andiswa Mengo, who lodged a sexual harassment complaint against Eastern Cape High Court Judge President Selby Mbenenge, say they will continue to advocate for accountability and survivor-centred justice.
This comes as the Office of the Chief Justice (OCJ) confirmed that JP Mbenenge remains on special leave which will remain in effect until the Judicial Service Commission (JSC) has concluded its consideration of the report of the Judicial Conduct Tribunal (JCT).
The Tribunal exonerated JP Mbenenge of gross misconduct but found find him guilty on a lesser charge of misconduct for engaging in an exchange of WhatsApp messages, which was described as flirtation between two adults and this was consensual.
In a statement, the OCJ said: “The special leave was granted in terms of Regulation 5(3) of the Regulations issued under the Judges’ Remuneration and Conditions of Employment Act 47 of 2001.
“The leave will remain in effect until the Judicial Service Commission (JSC) has concluded its consideration of the report of the Judicial Conduct Tribunal and has formally communicated its decision.”
Eastern Cape Judge President Selby Mbenenge attending the tribunal.
Image: Office of the Chief Justice / N Mabusela
The JSC is scheduled to convene a sitting for consideration of the Tribunal’s report, on March 5.
Mengo’s legal team said they would make submissions to the JSC and will challenge the “deeply troubling way in which the report questions Ms Mengo’s credibility, including the suggestion that she was dishonest under oath - a characterisation we strongly dispute, as our client followed the processes available to her”.
The Women’s Legal Centre, which represented Mengo during the Tribunal, said: “This framing, and the narrative emerging from the report, risks sending a chilling message to women who experience sexual harassment in the workplace; that speaking out may result in intense scrutiny rather than protection. The process is not over. The matter now proceeds to the Judicial Service Commission, and we will continue to advocate for accountability and survivor-centred justice.”
During an SABC TV interview, Mengo’s lawyer, Chriscy Blouws said in no workplace would it be acceptable for a manager or colleague to ask for a woman to take off her jacket or to take off any part of her clothing.
"But instead, in this finding, we find that the Tribunal decided that there was, in fact, no power imbalance between the Judge President - the most senior person in her workplace; and she, a secretary - a junior staff member within the court… It is unfortunate that the Tribunal decided that they needed to attack her credibility to make the finding that they did.”
Cape Times