Eastern Cape judge president Selby Mbenenge’s defence team say he wants to subpoena former chief justice Raymond Zondo to help him clear himself of the sexual harassment charges he is facing.
Mbenenge is appearing before the judicial conduct tribunal sitting in Rosebank, Joburg to hear the matter. A subordinate, Andiswa Mengo, laid a sexual harassment charge against the judge president last year.
The probe by the tribunal is categorised as a gross misconduct investigation and could lead to Mbenenge’s impeachment should the tribunal make findings against him. On impeachment, judges lose their lifetime salary, title and the various perks that come with the office.
Mengo, who is a judges’ secretary in Makhanda high court, accused Mbenenge of sexually harassing her between June 2021 and November 2022.
She was the first witness to testify at the tribunal, chaired by retired judge president Bernard Ngoepe, on Monday.
She told the tribunal she became uncomfortable with her communication with Mbenenge after he asked her for pictures while chatting with her on WhatsApp.
She said he made the request after she told him her age. He made comments about her looking younger than her age and asked for her pictures.
Appearing for Mbenenge, advocate Muzi Sikhakhane told the tribunal that Zondo would be key in the clarification of “certain allegations”.
He did not say what those allegations were. But the complaint was filed during Zondo’s tenure as chief justice.
“The lateness of the letter that seeks to subpoena the former chief justice is necessitated by another letter that has come from an official who states certain facts that can only be ascertained by the former chief justice,” Sikhakhane said.
Responding to Sikhakane, Ngoepe said the advocate would have to make substantive submissions for the request.
“When the time comes, you are going to have to make out a case for the subpoenaing of the chief justice. It is not just there for the take, but you will have to make out a case for it,” Ngoepe said.
Evidence leader advocate Salome Scheepers said the complainant would testify that Mbenenge “made inappropriate gestures and comments regarding her physical appearance”.
She said at the heart of the case was an issue of the power dynamics between a junior and a judge president.
“The complainant is among the most junior members of the court administration,” Scheepers said.
“The inherent power imbalance between the complainant and the judge president is a critical factor in understanding and evaluating the evidence.”
Scheepers said the complainant will provide testimony before the tribunal which will establish that the engagement between her and the judge president occurred without her consent.
“Her account will clearly demonstrate that the interaction was not flirtatious but rather was unwanted by her.
“She will testify that she tried to make this clear to the judge president but (he) intentionally disregarded her boundaries and persisted in his pursuit of a sexual relationship with her,” Scheepers said.
The public hearings will continue on Tuesday and end on January 24.
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