![](\"https:\/\/news.ghanamma.com\/za\/wp-content\/uploads\/2026\/01\/2560&operation=CROP&offset=0x0&resize=2560x1440.jpg\")
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The ruling that cleared Eastern Cape Judge President Selby Mbenenge of sexual harassment allegations has ignited fierce debate about power dynamics in the workplace, with experts warning it could have a chilling effect on future complaints.<\/p>\n
Judges Matter said the Judicial Conduct Tribunal’s (JCT) rejection of the \u201c<\/span>power differential\u201d<\/span> concept in its not guilty verdict has raised concerns that victims of harassment may now be discouraged from coming forward. <\/p>\n JP Mbenenge was found not guilty of gross misconduct, gross incompetence, and\/or gross incapacity under Section 177 of the Constitution.<\/span><\/p>\n In its order, the JCT panel, made up of retired Gauteng High Court Judge President Bernard Ngoepe, retired Gauteng High Court Judge Cynthia Pretorius, and Advocate Gift Mashaba SC from the Pretoria Bar as additional members, said Mbenenge was, however, guilty of a degree of misconduct due to his flirtatious relationship with the complainant, Andiswa Mengo. <\/span><\/p>\n Mengo filed a complaint of sexual harassment against Mbenenge in 2022 for allegedly making unwanted sexual advances towards her.<\/span><\/p>\n Coordinator of Judges Matter Alison Tilley said: \u201cWhether or not you can find the power differential\u2026 (it means that) her refusals can be read not as refusals. They are saying that she lied about a number of instances. <\/span><\/p>\n \u201cFrom here, this finding is going to go to what is called a small Judicial Services Commission (JSC), and they are then going to accept or reject that (findings). This isn\u2019t the last step in the process. Once it gets to the finding by the JSC, that can then be appealed. It\u2019s not the end. <\/span><\/p>\n \u201cThe discussion from here will be what sexual harassment looks like in the workplace and whether the Tribunal is correct in finding that power differential didn\u2019t play a role here. That is what will be most controversial and may well discourage, in which the finding is made, it may discourage people from coming forward.\u201d <\/span><\/p>\n Tilley said with the introduction of the Sexual Harassment Policy for the Judiciary by Chief Justice Mandisa Maya in August last year, may help clarify issues around relationships in the workplace, which are in contravention of the policy. <\/span><\/p>\n The policy was established as a zero-tolerance approach to abuse of power, including intimidation and victimisation.<\/span><\/p>\n The JCT, chaired by Ngoepe, found that Mengo\u2019s omission of \u201cflirtatious and salacious messages that she herself had written and sent\u201d to Mbenenge did immeasurable harm to her case. <\/span><\/p>\n An extract from the JCT report read: \u201c<\/span>The complainant clearly lied, which inevitably severely compromised her credibility<\/span>; this was demonstrated when we dealt with the issue of the two statements, and in other areas such as why she would have wanted <\/span>to meet with (JP Mbenenge) in East London to tell him to stop sending flirtatious messages only for her to thereafter still continue sending such messages. We make it clear that we did not disbelieve her simply because she was a woman. The finding that she did lie did immeasurable damage to her case.\u201d<\/span><\/p>\n The JCT further noted that by Mengo\u2019s \u201cproven dishonesty\u201d, it indicated lack of honesty on her part in formulating and pursuing her complaint. <\/span><\/p>\n The JCT made a number of findings, including that there was no sexual harassment and that the exchange of WhatsApp messages was consensual.<\/span><\/p>\n \u201cThe finding made that there was an objective reasonable belief on the part of (JP Mbenenge) that the flirtatious exchange of the messages was not unwelcome; in this respect, we point to the established fact that a number of flirtatious \u2013 others very salacious \u2013 messages were by the complainant herself\u2026<\/span><\/p>\n \u201cThe flirtation took place between adults; both of whom were parents in their own right and therefore conversant with matters of the heart. As we have seen, the messages were not for public consumption; the parties agreed to deleting them, thereby intending to keep them between themselves,\u201d the report noted.<\/span><\/p>\n Mengo\u2019s complaint was largely based on a number of WhatsApp messages exchanged <\/span>between the parties over a long period of time. <\/span><\/p>\n A number of these messages <\/span>were attached by Mengo to her affidavit. <\/span><\/p>\n chevon.booysen@inl.co.za<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" The ruling that cleared Eastern Cape Judge President Selby Mbenenge of sexual harassment allegations has ignited fierce debate about power dynamics in the workplace, with experts warning it could have a chilling effect on future complaints. Judges Matter said the Judicial Conduct Tribunal’s (JCT) rejection of the \u201cpower differential\u201d concept in its not guilty verdict […]<\/p>\n","protected":false},"author":1,"featured_media":271518,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-271539","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"yoast_head":"\n