Jap Cape Decide President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Pictures)
Listening to the listening to of the sexual harassment criticism in opposition to Jap Cape decide president Selby Mbenenge leaves one with the indelible picture of a senior member of the judiciary endlessly sexting an workplace junior whereas he ought to have been studying court docket papers and writing judgments.
The impression is so graphic as a result of his textual content messages have been so graphic. Mbenenge denies that he despatched Andiswa Mengo photos of his penis and a deluge of pornographic pictures.
However the admitted proof is replete with textual content requests for sexual favours that the decide’s personal authorized counsel certified as sleazy and puerile.
Mbenenge’s future activates whether or not the tribunal finds that Mengo consented to his advances. Advocate Muzi Sikhakhane has argued forcefully that she did and that the notorious {photograph} that has tarnished his shopper’s status was a fiction.
Mengo has not at all times been a sympathetic witness and the picture might or is probably not discovered, however public notion has little to do with proof and Mbenenge sullied his personal standing when he felt entitled to deal with a secretary within the division as his toy.
Judges should command the respect of society as a result of the rule of legislation relies on public confidence within the integrity of the judiciary.
It’s a level that has repeatedly been made in recent times as politicians dealing with prison costs or protesting opposed court docket rulings launched corrosive assaults on particular person judges and the court docket as a collective. But the assault on the sanctity of the judiciary has additionally come from inside its ranks, John Hlophe having led the cost.
Retired Gauteng decide president Bernard Ngoepe initially wished to listen to testimony on the disputed proof in opposition to Mbenenge in digicam for the said cause that if public, it would injury the picture of the judiciary.
We all know now that the proof in dispute is the images. With respect to Ngoepe, the transcript of these textual content messages the respondent can’t disown already reads as a discredit to the establishment.
It exhibits Mbenenge speculating in a troublingly prurient method that Mengo’s teenage daughter may see their messages. In one other message he deplored gender-based violence however noticed match for example the topic with a picture of a lady sporting solely a t-shirt.
He ought to acknowledge that his behaviour was unbecoming and resign, whatever the conclusion the judicial conduct tribunal reaches. It’s the greatest service he can render the judiciary and the one route to non-public redemption.