Tribunal hears that a senior EC judge requested to view CCTV footage without due process being followed
The footage requested by the senior judge was of the day in which high court secretary, Andiswa Mengo, alleged that Eastern Cape Judge President Selby Mbenenge allegedly attempted to expose himself to her in his chambers.
Director of facilities and security management at the Office of the Chief Justice, Prabagaran Naidoo, testified at the Judicial Conduct Tribunal investigating allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge on 12 May 2025. Picture: @OCJ_RSA/X
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JOHANNESBURG - The director of facilities and security management at the Office of the Chief Justice is on the witness stand at the Judicial Conduct Tribunal probing allegations of sexual harassment levelled against the Eastern Cape judge president.
Prabagaran Naidoo told the hearing that a judge in the division requested to view CCTV footage of the court, which was not in line with due process.
The footage requested by the senior judge was of the day in which high court secretary, Andiswa Mengo, alleged that Eastern Cape Judge President Selby Mbenenge allegedly attempted to expose himself to her in his chambers.
The tribunal is investigating allegations of sexual harassment levelled against Mbenenge by Mengo after she alleged that he made unwanted sexual advances towards her between 2021 and 2022.
The Judicial Conduct Tribunal is currently going through CCTV footage from 14 November 2022, the date of the alleged first in-person encounter between Mbenenge and Mengo.
In her evidence in chief in January, the junior court staffer testified that the top judge summoned her to his chambers, where he directed her attention to his bulging crotch and allegedly asked the following question.
"He asked: 'Do you see how much effect you have on me?'"
Mengo also testified that the footage had been erased when she requested it.
Naidoo testified that he received a call from the security manager at the court, Norman Mabuza, indicating that a senior judge had asked to view the footage of the day specified by Mengo.
"I was called and he indicated, or he wanted to know, is it correct that a judge views footage without the due process being followed, which is requesting that footage be viewed and I said to him no, that is not correct. He indicated that a judge has requested footage to be viewed."
But this was irregular, as an application must be sent to Naidoo's office stipulating the date, time and reasons for third parties viewing the footage or for the SAPS to provide a case number for the retrieval of the footage.
Naidoo told the tribunal that he, therefore, requested that the footage be copied and saved, where it was later couriered to him on a USB.