By Nomfundo Mbatha
The Judicial Conduct Tribunal investigating sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge has been postponed until June 30, 2025. The delay follows a dispute over the acceptability of testimony from gender violence expert Dr. Lisa Vetten.
Vetten is expected to provide insights into the power dynamics between Mbenenge and his former secretary, Andiswa Mengo. Mbenenge’s legal team objected to her testimony, arguing that it was irrelevant and that her summary report had not been submitted in time. However, tribunal chair Judge Bernard Ngoepe ruled to admit the testimony, stating it was better to “err on the side of caution” and allow the evidence, with its relevance to be assessed later.
“We should rather allow evidence, even though there are arguments about its relevance, because we are confident that if it is irrelevant, we will be able to rule accordingly, even at the end of that evidence,” said Justice Ngoepe. “Contrast that with a situation where you exclude evidence which might well be relevant and material. We think in that case, we would have dropped.”
Up to this point, the Tribunal has heard testimony from several witnesses presented by evidence leader Advocate Salome Scheepers. Among them was former Judicial Service Commission (JSC) secretary Kutlwano Moretlwe, who addressed the misplacement of the initial sexual harassment complaint. According to Moretlwe, the complaint first submitted to former Chief Justice Raymond Zondo on December 12, 2022, was lost in the system. Zondo later contacted Moretlwe to inform her of the situation.
Mengo’s colleague Ntomboxolo Jobela confirmed her claims, testifying that Mengo had confided in her about the messages and shared precise images she allegedly received from Mbenenge.
The Tribunal continues to navigate a highly sensitive and complex case that has drawn national attention to the judiciary’s handling of sexual harassment allegations at the highest levels.