Judge Mbenenge Faces Sexual Harassment Claims: The Story Unfolds
Eastern Cape Judge President Selby Mbenenge is in the spotlight as he defends himself at the Judicial Conduct Tribunal. His argument? He had a consensual and flirtatious relationship with court secretary Andiswa Mengo, and he says the accusations of sexual harassment don't fit what really happened between them.
Testifying under cross-examination, Mbenenge claimed that he pursued a romantic connection with Mengo and that she 'played along'—using the isiXhosa word 'Ukumtsa,' which he says means playful shyness designed to attract. He was quick to say that these cultural signals were badly misunderstood when filtered through a strict European lens often used in harassment cases. According to him, his persistence wouldn't have felt out of line if cultural nuances had been respected.
He didn't deny stepping over workplace boundaries, but insisted this was him acting as a 'social being,' not in his official role as Judge President. The way he tells it, requesting photos or commenting on her appearance wasn't for professional gain—it was personal appreciation. Every flirtatious message, he argues, got a response in kind, making it mutual rather than aggressive.
Two Versions of the Same Relationship
Mengo, however, described a different experience. She accuses Mbenenge of ongoing unwanted advances that crossed the line into clear sexual harassment—including, most shockingly, alleging that during a meeting in his office, he unzipped his pants and tried to get her to perform oral sex. Mbenenge firmly rejects this, calling it an outright lie and sticking to his version: any explicit chats or requests were just two adults communicating, not harassment.
The case gets thorny when you look at the power dynamics. Mbenenge is one of the province's top judges. Mengo is a court secretary. That can make things complicated when one party says the attention was fine and the other says it was unwanted. Advocate Salome Scheepers, leading the evidence for the tribunal, pressed Mbenenge hard about what real consent looks like when so much hierarchical power is at play. Is it really mutual when one person literally holds the keys to the other's career?
Mbenenge, clearly aware of the public fallout, did apologize—not for the nature of the relationship, but for private messages leaking into the public sphere. Yet he hasn’t budged on his basic defense: nothing he did was out of line, and the interactions were anything but one-sided.
This isn’t your run-of-the-mill workplace scandal. As the tribunal sessions continue, every message, gesture, and cultural nuance is being picked apart. It’s more than just a personal dispute. The way this case plays out could push courts everywhere to think harder about culture, power, and what actually counts as consent when the stakes are high.
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