Judge's sexual harassment hearing pits the old guard against a brave new world

Sexual harassment of women in the workplace and the abuse of power relations are also on trial

- 

The prolonged Judicial Conduct Tribunal probe into a complaint of sexual harassment lodged against Eastern Cape Judge President Selby Mbenenge (64) is drawing to a close.

Gender expert Dr Lisa Vetten is expected to give evidence on the nature of the power dynamics in this case on 20 June. The complainant, Andiswa Mengo (41), worked as a judge's secretary in the division.

It took three years for the complaint to reach the tribunal. In June 2023, a preliminary Judicial Conduct Committee hearing found a prima facie case of gross judicial misconduct and recommended the appointment of the tribunal.

The tribunal's chairperson, retired Judge Bernard Ngoepe, has made no secret of his need to fully understand the new language of texts and emojis and its subtexts of bananas, eggplants, dripping syringes and ripe peaches. Ngoepe has not been shy about asking how this modern technology all works.

In so doing, he has also educated many of those watching the hearings livestreamed on several platforms who are lay users and need just as much educating. At first Ngoepe was of the opinion the hearings should not be public because they would tarnish the image of the judiciary, but the opposite is true.

He also has to determine whether the relationship could have been consensual, as alleged by Mbenenge, who has admitted to the relationship but denied many of the allegations.