The tribunal investigating sexual harassment allegations against Eastern Cape judge president Selby Mbenenge was postponed on Tuesday after its chairperson ruled that it would hear evidence from a gender expert.
The tribunal was originally scheduled to run until Friday and it was expected that Mbenenge would himself give evidence this week. The application to bring forward a gender expert came late in the day and there was an objection from Mbenenge’s legal team on Monday, who said it would be unfair to allow the evidence at this late stage and also questioned its relevance. Mbenenge was ready to give his side of the story on Tuesday, his counsel, Muzi Sikhakhane SC, said on Monday afternoon.
On Tuesday morning, the chairperson of the tribunal, retired Gauteng judge president Bernard Ngoepe, said the tribunal’s decision was to “err on the side of caution” and hear the expert evidence. If it turned out that the evidence was irrelevant, the panel could always “put it aside” at a later stage, he said. There would be no prejudice to anyone if this course was followed, he said.
“Contrast that with a situation where you exclude evidence that may well be relevant and material. In that case, we would have erred,” he said.
Ngoepe said a summary of the expert evidence would be provided “in accordance with the rules of natural justice” to enable Mbenenge’s team sufficient time to prepare.
Once the ruling was made, the evidence leader, Salome Scheepers, told the tribunal that Mbenenge’s team had indicated that they wanted to hear the evidence of the gender expert, Lisa Vetten, before bringing their own witnesses. A private meeting was then held “in chambers” and it was later announced that the tribunal would resume on June 30.
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