While private lives should generally remain private, actions that compromise an entire profession’s integrity or exploit power dynamics deserve scrutiny.
We are reminded of this as the Eastern Cape judge president Selby Mbenenge is before the judicial conduct tribunal, which is probing an allegation of sexual harassment by Andiswa Mengo against him.
As explicit Whatsapp messages exchanged between the “man of the law and God” and the young woman are being read before the nation, we are forced to grapple with the warning that public officials, including judges, must recognise the profound impact their personal choices can have on public trust.
As a cornerstone of democracy, the judiciary demands the highest standards of ethical behaviour from those entrusted with its powers. Hence the allegation that Mbenenge was sending pictures of his private parts is a cause for concern.
We acknowledge that the matter is still being scrutinised by the tribunal. However, it raises critical questions about the conduct and accountability of public officeholders, especially in the judiciary. Integrity for a man of his stature is not a suggestion but the very foundation of his role as he wields significant influence over people's lives, careers and freedoms, making it critical that their conduct remains beyond reproach.
Mbenenge reserves the right to a fair hearing. He has also denied the allegations, saying their interactions were consensual.
The judiciary’s moral authority hinges not only on its legal decisions but also on the ethical behaviour of its members. This tribunal process must set a precedent — justice must be seen to be done, not just in the courtroom but in the conduct of those who represent it.
This case also calls for broader systemic reforms. Mechanisms to address misconduct, ensure accountability and support victims of inappropriate behaviour must be robust and transparent.
A judiciary that fails to police itself risks eroding public confidence in its ability to administer justice impartially
The legal profession's inherent power imbalance often creates an environment where victims feel powerless to speak out. Judges and lawyers hold authority over clients, colleagues and subordinates, making it difficult for victims to resist or report inappropriate advances.
Moreover, this incident underscores the increasing role of technology and social media in exposing lapses in ethical conduct. What was once a personal platform for engaging with others is a tool that can crack open the intricacies of how people relate, thus providing important insights and evidence. It offers a lesson to all of us, a reminder that decorum and good conduct, whether in our private or public life, are important.
The tribunal's responsibility is to ensure a fair and impartial investigation into the allegations and to reinforce the message that misconduct at any level will not be tolerated.
Justice must be served to protect the complainant's rights and preserve the judiciary's integrity.
A judiciary that fails to police itself risks eroding public confidence in its ability to administer justice impartially, leaving us — the public — with mistrust in the system that safeguards order in our country and the people who are custodians of that power.
For opinion and analysis consideration, e-mail Opinions@timeslive.co.za
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