Judge Mbenenge Defends Himself in Sexual Harassment Tribunal, Citing 'Mutual Flirtation'

High-Ranking Judge Faces Scrutiny Over Sexual Harassment Allegations

Eastern Cape Judge President Selby Mbenenge's reputation is on the line as he confronts sexual harassment allegations before a Judicial Conduct Tribunal. At the center of this storm: his relationship with court secretary Andiswa Mengo and whether their interactions were innocent or crossed a professional line. The drama has exposed fresh debates about workplace power, cultural nuance, and how those in authority handle boundaries.

Mbenenge didn’t shy away from admitting that he stepped over workplace boundaries with Mengo. But, he insisted, this wasn’t the Judge President in action—just an ordinary man responding to, according to him, signals sent by Mengo. He described himself as a ‘social being’ operating outside his judicial role and argued he never leaned on his position to get his way. His repeated claim throughout the hearing: Mengo never actually rejected his advances. Instead, in his telling, she played along—perhaps to keep the peace or avoid confrontation.

One of the most awkward flashes of evidence was digital—a peeled banana emoji sent by Mbenenge. People in the courtroom tensed at the mention. Was it a sexual suggestion? Mbenenge said no. In his view, there was nothing suggestive about it, and any flirtation was mutual. He pointed to Mengo’s replies, referencing ‘Ukumtsa’—a Xhosa cultural term about coy flirtation—and claimed this supported his angle that signals went both ways. He said, “She told me what I wanted to hear. I never saw any discomfort.”

Contested Timeline and Power Struggles in the Courtroom

The tribunal combed through a list of disputed moments. In June 2021, for instance, Mbenenge asked Mengo for her photo—a request some saw as questionable between a Judge President and a subordinate. But the major flashpoint came during an event in Tata in November 2022, when Mengo accused Mbenenge of a deeply inappropriate act: unzipping his pants in her presence. Mbenenge shot back, challenging her claim with building-access video footage, arguing that Mengo never passed his office during the time frame she described.

Tribunal members pressed Mbenenge about these details, highlighting gaps and contradictions in what he recalled versus Mengo’s version. They wanted to know: Can someone in his position ever truly separate their status from personal advances? The challenge here isn’t just about who said what, but how workplace culture in a powerful institution like the courts can affect whether complaints really get voiced—or simply swept aside. When your boss is the Judge Mbenenge—someone at the top of the ladder—does saying no even feel like an option?

While the hearing continues to untangle facts from interpretations and weigh the credibility of both parties, one thing’s clear: this case has forced a rare spotlight onto the murky area where personal relationships, cultural signals, and judicial authority all collide. The legal world—and those who work within it—will be watching closely to see how far the lines truly stretch between personal conduct and professional integrity.