Tribunal could set a precedent

Experts say sexual harassment of women remains pervasive in the legal system and the case involving a judge president is forcing a rethink

- Nkateko Joseph Mabasa

The judicial conduct tribunal of Eastern Cape Judge President Selby Mbenenge has revived an uncomfortable, but necessary, conversation about sexual harassment in a profession tasked with upholding the law.

It marks the first time a judicial conduct tribunal has investigated such allegations and commentators say it could reshape how the legal profession responds to abuse of power within its ranks.

Chriscy Blouws, lead attorney at the Women's Legal Centre, said while each woman's experience of sexual harassment is different, young women entering the profession as interns or candidate attorneys face compounded vulnerability.

The allegations against Mbenenge, who is accused of persistently sending obscene messages to court secretary Andiswa Mengo, have made for much debate as to what precisely constitutes harassment.

Mbenenge denies any wrongdoing and insists the exchanges were consensual. But testimony heard at the tribunal, and the broader reaction of those in the profession, suggest that consent cannot be separated from the power dynamics.

During cross-examination in January, Mengo explained that her attempts to rebuff Mbenenge were framed by professional boundaries and the fear of retaliation.

"Given the hierarchical structures that exist in all workspaces, women are often subjected to overt or subtle forms of sexual harassment through either physical conduct, inappropriate comments or messages on platforms that ought to be used for workplace communications," said Blouws.