Judge Mbenenge may testify before tribunal probing sexual harassment allegations

JOHANNESBURG - Eastern Cape Judge President Selby Mbenenge may finally take the stand in the judicial conduct tribunal investigating the sexual harassment allegations against him.

His legal counsel, advocate Muzi Sikhakhane, told the tribunal that Mbenenge was ready to tell his story.

However, this will depend on whether any more witnesses are called to give testimony by the evidence leader.

The man at the centre of sexual harassment allegations may give his version of events before the body tasked with investigating the claims.

But this hinges on the ruling of the panel of the judicial conduct tribunal on whether the proceedings may continue with Mbenenge taking the stand.

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Evidence leader, advocate Salome Scheepers Monday indicated that she would like to call another witness to speak on power relations within the workplace, among others.

However, this would warrant a postponement to allow both legal teams time to acquaint themselves with the expert's report.

Mbenenge's legal counsel, advocate Sikhakhane, opposed this.

"On our side, chair, I'm ready to call the judge president tomorrow morning to give his side of the story and we submit that just on the basis of procedure and not complying with the rules, it would be unjust at this late if the delay has been so long," said Mbenenge.

Sikhakhane also argues that it may not be relevant for the expert to appear before the tribunal to give testimony on what the panel could determine on its own. 

Mengo's legal counsel, advocate Nasreen Rajab-Budlender, however, says it is necessary to hear the expert witness evidence and that any potential prejudice can be avoided by giving both parties time to prepare.