Mbenenge tribunal: Power dynamics are subject to change, says Advocate Sikhakhane

JOHANNESBURG - Advocate Muzi Sikhakhane has told a Judicial Conduct Tribunal investigating allegations of sexual harassment against a top judge that power dynamics are not fixed and can change.

Sikhakhane has been cross-examining High Court secretary Andiswa Mengo after she highlighted power relations between herself and the Eastern Cape's Judge President, Selby Mbenenge.  

Mengo earlier testified that it was difficult to reject the top judge’s sexual advances because of the power the judge president has.

The tribunal is investigating claims that Mbenenge made unwanted sexual advances towards her.

Sikhakhane has asserted that the seat of power is not permanent.

This was in an attempt to discredit the testimony submitted by Mengo.

Mengo had previously testified that she was a single mother who was afraid of losing her job if she angered the judge president and, therefore, played along when he made sexual advances.

However, Sikhakhane seemingly suggests that, at some point, there was a shift in the power relations between Mbenenge and the junior staffer.

“I’m saying power can shift and if you ask for money, as you did, power can shift.”

Sikhakhane also disputed the assertion that judges can freely terminate the contracts of secretaries and therefore, Mengo’s continued employment did not rest with the Eastern Cape judge but with the office of the chief justice.