South Africa’s legal community and the general public have been left stunned by the ongoing sexual harassment inquiry involving Eastern Cape Judge President Selby Mbenenge.
The allegations surrounding the prominent judicial figure have sparked heated discussions about ethics, power dynamics, and accountability in the country’s legal system.
Shocking Allegations Against Judge Mbenenge
Judge Mbenenge stands accused of sending inappropriate videos, images, and text messages over a prolonged period to a complainant, who was in a professional relationship with him.
The case highlights the disturbing power imbalance that often underpins such situations, raising questions about consent, abuse of authority, and professional boundaries.
Power Dynamics and the Challenge of Consent
One of the complexities in this case lies in the complainant’s response to Mbenenge’s advances.
At times, she appeared to engage in flirtatious exchanges with him.
However, experts point out that such behavior does not automatically indicate true consent.
Victims of harassment often face significant pressure when dealing with individuals in positions of power.
Fear of retaliation, uncertainty about how to react, or simply feeling trapped can lead to actions that may appear consensual but are driven by coercion or fear.
The Influence of Power in Harassment Cases
This case brings attention to an uncomfortable truth: power dynamics play a central role in harassment allegations.
When an individual in authority engages in inappropriate behavior, it creates an environment where victims may feel powerless to resist.
For many, the fear of victimization or professional consequences prevents them from taking a stand.
This underscores a critical point—harassment is defined by the perpetrator’s actions, not the victim’s response.
Ethical Expectations for Judges
Judge Mbenenge’s position as a high-ranking judicial figure makes the allegations particularly troubling.
As Judge President, he wields significant authority over his subordinates and the legal system.
Judges are expected to uphold the highest ethical standards, serving as role models for fairness and justice.
When someone in such a role breaches those standards, it undermines public trust in the judiciary and damages the very foundation of the legal system.
Potential Career Implications for Mbenenge
If found guilty, Judge Mbenenge could face impeachment, a rare and serious consequence for a judicial figure.
This would make him the first Judge President in South Africa to be impeached for sexual harassment, adding a new chapter to the country’s legal history.
Such a finding would not only tarnish his legacy but also raise broader concerns about how the judiciary addresses misconduct within its ranks.
Understanding South Africa’s Sexual Harassment Policies
The Legal Practice Council’s Sexual Harassment Policy, introduced in 2020, provides clear guidelines for addressing harassment in the legal profession.
The policy emphasizes that harassment goes beyond physical acts and includes any unwelcome verbal or non-verbal conduct.
For individuals in positions of power, like Judge Mbenenge, the responsibility to maintain professional boundaries is even greater.
Failure to do so not only breaches ethical codes but also sets a dangerous precedent for the profession.
The Role of Case Law in Addressing Power Imbalances
South African case law consistently underscores the impact of power dynamics in harassment cases.
When there is a significant imbalance of power—whether in the workplace, education, or judiciary—those in authority bear a heightened responsibility to act ethically.
In this case, Judge Mbenenge’s age (63) and professional authority, combined with the complainant’s position as his secretary (aged 37), further complicate the question of consent.
A Test for South Africa’s Judiciary
The inquiry into Judge Mbenenge’s actions is more than just an investigation—it is a test for South Africa’s judicial system.
How the judiciary handles this case will send a powerful message about its commitment to accountability and integrity.
If judges cannot be held to the highest standards of conduct, public trust in the legal system risks eroding.
This case will likely influence future discussions on judicial ethics and the need for systemic reforms.
Upholding Justice and Protecting Victims
As the inquiry continues, one thing remains clear: this is about more than individual behavior—it’s about protecting victims, holding leaders accountable, and ensuring the judiciary remains a pillar of integrity.
The allegations against Judge Mbenenge shine a spotlight on the realities of harassment, particularly in hierarchical systems.
True consent cannot exist when fear, coercion, or a power imbalance is at play.
For South Africa’s legal community, this case serves as a stark reminder of the importance of ethical leadership and the need for continued efforts to address abuse of power.
This article was published on TDPel Media. Thanks for reading!Share on Facebook «||» Share on Twitter «||» Share on Reddit «||» Share on LinkedIn