Mbenenge tribunal postponed as lawyers argue relevance of gender expert
Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images)
The tribunal hearing on the
Mbenenge was due to take the stand this week before the Judicial Conduct Tribunal to help determine whether he is guilty of gross misconduct as a high ranking judicial official.
In the matter being heard before Judge Bernard Ngoepe, lawyers could not agree on whether gender expert Lisa Vetten should testify at this stage of the inquiry.
After a brief debate Ngoepe decided to allow Vetten to testify, although evidence leader Salome Scheepers admitted she had not received a summary report from the expert for the respondent to prepare.
Ngoepe said he would allow all sides to be heard even though it might take more time than initially expected.
'We are of the view that, rather err on the side of caution; rather allow evidence even though there's argument about its relevance, allow it nevertheless to be given,' he said.
After extended discussions in Ngoepe's chambers on whether Mbenenge's counsel would still call him to the witness stand, the postponement was announced.
Chris Oxtoby, a research consultant for Freedom Under Law, said Vetten's evidence would be relevant to '
He told the
Mail and Guardian
that
'It seems probable that he will argue that his interactions with the complainant were consensual. It also appears that he will deny some of the events, such as the allegation that he exposed himself to the complainant, and also that
Muzi Sikhakhane, SC, for Mbenenge, had argued during the first sitting of the tribunal in January that Mengo
In his ruling Ngoepe said he would allow Vetten to testify because he was confident that if the testimony proved irrelevant, Mbenenge's counsel would deal with it accordingly.
Sanja Bornman, a gender law and policy specialist at Thusa Consulting, said the tribunal has been lengthy and 'very formal with an atmosphere not always conducive to best evidence in sensitive cases like sexual harassment'.
Bornman told the M&G that sexual harassment is not an ordinary misconduct and to create 'a truly victim-friendly process that permits innovative protective measures for a complainant' may require an amendment of the rules.
'We have heard much about the power dynamics at play in this matter, and it is in the interest of justice to fully explore the socio-cultural and other factors that inform a person's power and ability to consent, or not, to sexual intimacy in a workplace context,' she said.
Oxtoby noted that although the case sets an important example that complaints of misconduct will be taken seriously, even if found guilty this did not necessarily mean Mbenenge would be impeached.
Bornman said although the tribunal will not create legal precedent as such, its findings will send an important message to the legal profession, the judiciary in particular, and the public at large.
'Whatever that message turns out to be remains to be seen, and it will undoubtedly be the subject of analysis for a long time to come,' she said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald
4 hours ago
- The Herald
Gqeberha woman, 65, kidnapped in Markman
A 65-year-old woman has been kidnapped in Gqeberha's Markman industrial node. Lindsay Knowlden arrived at work at the Markman Market fresh produce market at 6am on Saturday with her husband, when they were accosted by several assailants. Knowlden's son Greg said details were sketchy but it appeared that his father was attacked and the suspects seized his mother. "It seems all the attackers were armed. "My father was hit on the head and they kidnapped my mother." Greg said the family had not yet received any ransom demand. Police spokesperson Captain Andre Beetge confirmed the incident. "The SA Police Service [SAPS] confirms that an investigation into a kidnapping reported on June 21 in Markman is actively underway. "SAPS appeals to the public for any information related to this incident." The Herald
The Herald
10 hours ago
- The Herald
'Floyd was a big problem in the EFF': Mgcini Tshwaku responds to 'cult' claims
EFF member Mgcini Tshwaku has dismissed claims made by former EFF deputy leader Floyd Shivambu that the party is a cult. Shivambu made the remarks during a media briefing on Thursday, saying: 'There are those who said don't rejoin the EFF because it's a cult, and I agree with them.' Shivambu left the EFF last year to join Jacob Zuma's MK Party. In an interview with Newzroom Afrika, Tshwaku defended the EFF. 'I'm not deployed by a cult, I'm in a perfect organisation. I know the EFF is not a cult, it's a democratic organisation and all you have to do in the party is to work and be accountable.' He criticised Shivambu's leadership while he was still in the EFF, saying he was ineffective. 'Floyd was a big problem in the EFF. Many of us are injured because of him.' He said Shivambu would often rely on others to do the groundwork, only to appear and request reports. 'I know Floyd was a lazy person. He says he has criss-crossed the country everywhere, but we used to do the work for him and report to him. We were the ones doing door-to-door work, building structures around the country, and he would just come in, want reports and then disappear. When you told him your issues, such as not having petrol or a place to sleep, he would laugh at you.' Shivambu's exit from the EFF was reportedly due to disagreements with the leadership, particularly regarding coalition talks. Tshwaku labelled Shivambu a 'coward' for not raising his concerns in the party. 'He's a coward. He could've raised whatever he wanted to raise in the EFF.' Shivambu has been making headlines recently after being fired as MK Party secretary-general. While he remains in the party, he announced plans to form a new political party, which he said will be shaped by public consultation. TimesLIVE
Mail & Guardian
a day ago
- Mail & Guardian
Labour department denies racial quotas in Employment Equity Amendment Act
Minister of Labour and Employment Nomakhosazana Meth. (File photo) The department of employment and labour has rejected claims by the Democratic Alliance (DA) that the In April, the DA But labour department spokesperson Pertunia Lessing, told the Mail & Guardian that the Act 'does not have quotas'. The DA, whose challenge will be heard in the coming weeks, says the new amendments will 'make employers self-implement sectoral racial quotas', which give employers the right to identify and record an employee's race if the employee chooses not to disclose it voluntarily. In a written reply to a DA question in parliament, Employment and Labour Minister Nomakhosazana Meth said the amendment was meant to ensure 'reliable, existing historical data'. This would mean that an employee would either need to disclose their family history, which is considered personal information, or have their race assumed. DA spokesperson on labour Michael Bagraim said Meth's 'generic' definitions of persons of colour cannot stand in a democratic South Africa. 'This is a preposterous suggestion and appears to expect employers to conduct race inspections to tick a box, in order to avoid being fined,' he said. According to the Employment Equity Act, 'black people' is a generic term that includes African, coloured and Indian people. This definition in the Act has not been amended since 1998. According to the 2025 amendments, employers with 50 or more workers are required to ask each worker to fill out a form to declare their occupational level in terms of race, gender and disability status information. If an employee refuses to fill out the form or gives incorrect details, the employer is allowed to use reliable past or current information to determine the person's race, gender or disability status. This process must be done at the workplace and is the employer's legal duty. The DA accused the minister of not conducting a formal investigation based on evidence to establish the 'South Africa continues to be one of the most unequal nations on Earth, with more than eight million South Africans unemployed and a small elite enriched, making the evidence against employment equity regulations undeniable,' Bagraim said. The Act as amended further sets hiring quotas for 18 economic sectors, from mining and transport to construction and agriculture, in a bid to increase employment opportunities for 'designated groups' including black people, women and people living with disabilities. The DA noted that South Africa no longer uses the Population Registration Act, an 'It cannot stand that employers become racial classification agents,' Bagraim said.
