SEXUAL HARASSMENT JUDGE SELBY MBENENGE @KASIBCNEWS

The African National Congress Women's League (ANCWL) expresses its deep concern regarding the recent allegations of sexual harassment levelled against a sitting Judge President of the Eastern Cape Division of the High Court of South Africa.  It is alleged that the high-profile Judge President has made sexual advances over a protracted period towards a staff member in his office, and the alleged victim made it clear that she was not interested in any relations with the judge, beyond their professional rapport. 

It is our firm view that when someone says no, it should be respected as a definitive refusal, especially in the context of sexual consent, and this applies to married couples and in an intimate relationship. However, the highly respected jurist proceeded with his sexual advances making it highly impossible for the alleged victim to perform her duties. These allegations are profoundly concerning in a society deeply entrenched with patriarchy such as South Africa. 

Power dynamics are of great imperative in an institution with such a steeped authority such as the judiciary, where fear, confusion, offensive feedback from society in defence of the powerful and broadly respected Judge President, might further disadvantage or jeopardise career prospects for the victim. Judge Selby Mbenenge is an esteemed juror whose oath of office carries the responsibility as a custodian of the laws of the land, thus these accusations place our judicial system and constitutional oversight under serious scrutiny. 

These allegations highlight the ongoing issue of Gender Based Violence (GBV) and harassment within all spheres of society, including the judiciary, hence the President of the Republic categorises GBV as a second pandemic as it cuts across all sectors of society, the judicial sector included 

The ANC Women’s League re-iterates our call on the Minister of Justice to combine efforts with the relevant stakeholders to expeditiously put feasible measures in place, including review of the current legislation, in an endeavour to combat all forms of objectification of women. 

We believe that the integrity of our judiciary is paramount, and any allegations that threaten this must be addressed with the utmost seriousness and transparency. The allegations must be thoroughly investigated to ensure accountability and justice for the affected individuals. 

The ANC Women’s League stands firmly with all survivors of sexual harassment and violence, advocating for their voices to be heard and respected, and in this instance, we remain steadfast in our resolve in support of the alleged victim. We therefore call for a swift and fair process to be enacted, ensuring that justice is served while maintaining the principle of due process for the accused. We also are in full support of the decision to make the hearings public so that there is indisputable transparency and accountability and to dispel any uncertainty or veil of secrecy into this matter. This incident serves as a critical reminder of the need for continued efforts to combat Gender Based Violence in all its manifestations. 

The ANCWL reaffirms its commitment to fighting for women's rights and creating a safe environment for all individuals, free from harassment and abuse. 

We urge all stakeholders and relevant authorities to ensure that this matter is handled with the seriousness it deserves, and that mechanisms are in place to prevent future occurrences.