Eastern Cape Judge President Selby Mbenenge is currently under investigation by a Judicial Conduct Tribunal over allegations of sexual harassment made by a junior staff member, Andiswa Mengo. The tribunal, which commenced its hearings on January 13, 2025, is examining claims that Mbenenge engaged in inappropriate conduct towards Mengo between 2021 and 2022.

Allegations and Proceedings Mengo alleges that Judge President Mbenenge sent her suggestive WhatsApp messages, made inappropriate comments about her appearance, and engaged in other unwelcome behaviors. She contends that these interactions were unsolicited and made her uncomfortable. Mbenenge has admitted to engaging in social media interactions with Mengo but maintains that these were consensual. He denies sending explicit photos and insists that any interactions were appropriate. During the tribunal's proceedings, Advocate Muzi Sikhakhane, representing Mbenenge, requested the subpoena of former Chief Justice Raymond Zondo.

Sikhakhane indicated that Zondo's testimony could provide relevant context to the case, though specific details regarding the necessity of his appearance were not fully elaborated. Tribunal President Bernard Ngoepe expressed concerns about the timing and relevance of this request, noting that the rationale for Zondo's testimony needed to be clearly established. Tribunal Developments Initially, the tribunal had ruled that certain parts of the proceedings would be held in camera to protect the judiciary's interests. However, following submissions from Sikhakhane and after consultation with Chief Justice Mandisa Maya, this decision was reversed. The tribunal determined that all evidence would be heard in public, emphasizing transparency and the impracticalities of conducting partial in-camera sessions.

Potential Implications The tribunal's findings could have significant implications for Judge President Mbenenge's career. If found guilty of gross misconduct, he may face impeachment. As the head of the judiciary in the Eastern Cape, Mbenenge's conduct is under scrutiny, with considerations about the power dynamics involved and the broader impact on the judiciary's reputation. The tribunal is scheduled to continue its hearings until January 24, 2025, during which further testimonies and evidence will be presented to assess the validity of the allegations against Judge President Mbenenge.