South Africans expect a fair judiciary. However, the Mbenenge sexual harassment tribunal rattles that trust. Andiswa Mengo, a court secretary, accuses Eastern Cape Judge President Selby Mbenenge of unwanted sexual advances. Therefore, this case reveals deep workplace power gaps.
Tribunal Sparks Outrage
On 21 October 2025, the tribunal, chaired by retired Judge Bernard Ngoepe, heard fiery arguments. For instance, Mengo claims Mbenenge sent flirty WhatsApp messages from 2021 to 2022, including emojis like bananas and eggplants, and requesting nude photos. Mbenenge admits sending messages but insists it was mutual fun. Yet, he denies sending explicit images or asking for oral sex in his office.
Mengo said she rejected him over 13 times, often using humor or sidestepping due to fear. As the lowest-ranking worker facing the top judge, she felt trapped. Consequently, evidence leader Salome Scheepers labeled Mbenenge’s actions a grooming tactic, highlighting flaws in his defense.
Power Gap Takes Center Stage
Nasreen Rajab-Budlender, Mengo’s lawyer, spoke boldly. “There’s a clear power gap. He used it to harass her,” she stated. Specifically, she noted Mbenenge shifted from work talk to sexual demands, ignoring Mengo’s refusals.
Meanwhile, Ngoepe suggested women hold “strong power” in such cases, comparing it to car keys. Rajab-Budlender countered, emphasizing South Africa’s high gender violence rates. “This isn’t love—it’s power and sex,” she argued. Moreover, gender expert Dr Lisa Vetten explained Mengo’s junior role made resistance tough.
Defense Fights Hard
Mbenenge’s lawyer, Muzi Sikhakhane, called it harmless flirting. “This was fun, not harassment,” he claimed, tying it to Xhosa cultural practices. However, Rajab-Budlender dismissed this as weak. Additionally, Scheepers noted Mengo’s repeated statements raised questions. Nevertheless, she found Mengo’s account consistent, supported by early complaints. For example, Mbenenge’s half-hearted apology suggested guilt, Scheepers added.
Judiciary Faces Tough Questions
The Mbenenge sexual harassment tribunal goes beyond one case. In fact, Rajab-Budlender said 43% of women in South Africa’s legal field face harassment, more than global averages. As a result, a quarter consider leaving. The judiciary’s strict rules demand good conduct, and this case challenges them.
Ngoepe stressed facts, not public opinion, will decide. If guilty, Mbenenge faces serious charges. Ultimately, this tribunal could encourage women to speak out, improving workplace safety. Thus, South Africans watch closely, demanding justice.
