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- An Eastern Cape judge-president faces sexual harassment allegations.
- He is accused of sending racy texts and images to a court official.
- He is also accused of harassing the same official in person.
Eastern Cape High Court Judge-President Selby Mbenenge brought three 'silks' to his Judicial Conduct Committee (JCC) hearing in the Constitutional Court on Wednesday.
It was perhaps a measure of the seriousness with which he approached the complaint of sexual harassment against him, which the committee is investigating.
Silk is a colloquial term for advocates who have been awarded senior counsel (SC) status and refers to the silk gowns they typically wear during court appearances, which distinguishes them from junior advocates.
Mbenenge drafted in one of the country's better-known lawyers, Johannesburg advocate Wim Trengrove SC, to represent him, alongside Eastern Cape SCs Amelia da Silva and Olav Ronaasen.
The in-camera hearing stems from the sexual harassment complaint brought against Mbenenge by Makhanda High Court official, Andiswa Mengo.
In the complaint she submitted to judiciary officials in December last year, Mengo alleged that face-to-face and electronic exchanges she had with Mbenenge during 2021 and 2022, including racy texts and images he sent her via WhatsApp, constituted instances of sexual harassment.
READ | The Eastern Cape's top judge is about to learn if he'll face formal proceedings on sexual harassment
The JCC, a committee of the Judicial Service Commission (JSC), reserved its decision on the matter, said the JSC's spokesperson, advocate Sesi Baloyi SC, after the day-long hearing.
The committee, which comprised three judges of the Supreme Court of Appeal - Dumisani Zondi, Tati Makgoka and Nolwazi Mabindla-Boqwana - has to report its findings to the JSC.
It did not indicate a deadline for delivering the findings, Baloyi said.
The JCC's deliberations are a first step in assessing the veracity and gravity of the charge against Mbenenge.
As set out in the JSC Act, the committee may dismiss the complaint, regard it as a serious, but non-impeachable complaint which may be dismissed, result in remedial steps or be investigated by a tribunal, or treat it as a potentially impeachable complaint, such as gross misconduct, which must be investigated by a tribunal.
No comment
A call and a WhatsApp message to Mbenenge's cellphone, asking for comment on the JCC proceedings, went unanswered.
Mengo's legal representative, Chriscy Blouws, of the Women's Legal Centre, was optimistic that her "client's rights will be vindicated in the outcome. I think the hearing went well".
"Our purpose was to come before the committee and to assist it with our client's complaint, to provide it with the necessary facts and context, and to ensure that the committee understands the various ways in which sexual harassment affect women who experience it, especially in the workplace.
"The Women’s Legal Centre wants to ensure that women work in spaces that are just, favourable and safe. This is particularly so when it's the court which is the workplace, because that's where people come to seek justice and protection."
