Mbenenge hearing debates potentially ‘prejudicial’ testimony
The Judicial Conduct Tribunal Hearing into allegations of sexual misconduct against Eastern Cape Judge President Selby Mbenenge is debating the inclusion of statements relating to the power relations between him and his accuser.
Mbenenge is accused of making unwanted sexual advances by High Court secretary Andiswa Mengo.
In her testimony, Mengo detailed receiving sexually explicit texts and images from the Judge President between 2021 and 2022.
In his defence, Mbenenge has maintained that the relationship between him and his accuser was consensual.
The hearing, which started on Monday, heard the testimony of gender expert Lisa Vetten, who said it appeared Mengo had tried different tactics to avoid or deter Mbenenge’s advances.
READ:Mengo used ‘different tactics’ to ‘avoid’ Mbenenge advances
However, Mbenenge’s lawyer, Advocate Muzi Sikhakhane, stopped short of accusing Vetten of bias, saying she did not give the same attention and analysis to the respondent’s evidence as she did to the complainant’s evidence.
On Friday, Mbenenge's lawyer, Advocate Griffiths Madonsela, pushed for Unathi Sogoni—a stenographer at the Makhanda High Court—to testify on a statement that the complainant has not seen.
However, the tribunal chair, Judge Bernard Ngoepe, maintained that using the two statements in question risks prejudicing Mengo.
“The contents of these statements don’t deal with the issue of power relations between judges and clerks. They deal with Ms Mengo, her life, her sexual life, and many other aspects of her life. You premise your argument on the theory of power relations. The contents of these statements don’t deal with power relations, they deal with an individual person – Mengo.”
Mengo’s lawyer, Advocate Nasreen Rajab-Budlender, accused Madonsela of oversimplifying Vetten’s testimony.
“Ms Sogoni is not an expert on gender and power imbalance. This tribunal doesn’t need to know about power dynamics from someone who we know had a fractious relationship with the complainant.”
Rajab-Budlender argued that there had already been three other witnesses who had testified about the relations between judges and secretaries, adding that Sogoni’s evidence was therefore irrelevant.
The hearing has been adjourned until Monday, with Mbenenge expected to take the stand.
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