Judges deny interfering in their boss’s sex pest case

Two top Eastern Cape judges have denied interposing themselves in a sexual harassment case laid against the province’s judge president Selby Mbenenge.

The complaint, which was laid in December by court official Andiswa Mengo, is before the Judicial Conduct Committee, a subcommittee of the Judicial Services Commission (JSC) which oversees South Africa’s judges.

Two weeks ago, the Sunday Times reported that Mthatha-based judge Lindiwe Rusi and judge Mandela Makaula from Gqeberha allegedly interposed themselves in the matter by communicating with the complainant in separate bids to influence the outcome.

The two declined to comment on the allegations at the time and referred the Sunday Times to the Office of the Chief Justice (OCJ). However, since then, the two have, through the OCJ, denied allegations of interference.

“Judge Rusi denies that she interposed herself in the matter between Ms Mengo and Judge President Mbenenge with the view to influencing the outcome,” said the OCJ in a statement.

The Sunday Times included information about judge Rusi’s interview for the Mthatha bench in 2021.

She was supported by Mbenenge and JSC commissioner Mvuzo Notyesi, with Mbenenge objecting to her being questioned about “spurious allegations” which she had previously addressed.

Through the OCJ, judge Rusi said the inclusion of the background had the effect of “slandering” her and incorrectly inferred that she “owed allegiance to the judge president, which was the reason for my alleged ‘interposition’ and ‘attempt to influence the outcome’ in the matter relating to Ms Mengo’s complaint”.

She said it also incorrectly suggested that she was “not appointed on merit, but based on some causa or allegiance”.

In a separate statement issued by the OCJ, judge Makaula said the Sunday Times published a “distorted conversation” he had with the reporter and did not explicitly put the allegation to him that he had interposed himself in the complaint between judge Mbenenge and his accuser.

“I informed him that I would not speak directly with him as our media policy dictates that we can only interact with the media through the spokesperson of the OCJ or when mandated by that office,” judge Makaula said.

“The report about me is not only inaccurate, it is wrong. I never did or said anything that was calculated to influence Ms Mengo’s complaint. I never had any discussions with Ms Mengo regarding her complaint.”

Last week, judiciary monitoring and advocacy group Judges Matter called for Mbenenge to step down.

The organisation pointed to the “extremely serious complaint [which] must have had an impact on the functioning” of the Eastern Cape High Court.

Mbenenge’s attorney Simphiwe Mbabane has denied the allegations, saying they had caused “irreparable harm to our client’s good name, reputation, and dignity”.