Update Judge President Selby Mbenenge court - podcast episode cover

Update Judge President Selby Mbenenge court

Jun 30, 20255 min
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Episode description

John chats to Zoleka Qodashe, EWN Reporter on the latest regarding Judge President Selby Mbenenge who was accused of sexual harassment court proceedings.

702 Drive with John Perlman is a Johannesburg based talk radio show. John and his team keep you company on 702 each weekday afternoon. Catch up with the news and issues of the day with John who interviews the daily newsmakers and makes sense of what is going on. John and his team invite you to join their daily conversation, as you travel through the traffic.

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Transcript

Speaker 1

Right, let's get then to that matter. This has been running for quite a while now. It is the Judicial Conduct Tribunal sitting in Santon. A sexual harassment complaint has been laid against Eastern Cape Judge President Selby Benenge and the plaintive is High Court Secretary and swam Mengo testifying today, research associated at Fitzsuniversity and someone who comments regularly on this station, on the shown indeed throughout the media on

issues of sexual violence and related questions. Lisa Vetten was testifying today and from what I could see just glancing up from time to time when it was on the television. Subject now to cross examiner examination by the Judge President's Council. Right, let's get Zorlega, gord Ah. She's been reporting regularly throughout the day for an update on where we stand as the day closes, zor Lega, what happened in the afternoon or pick it up from wherever you think we need to know.

Speaker 2

Good afternoon, John, and good afternoon to the listeners. You'll remember that power dynamics and the gender dynamics as well in the workplace were quite a recurring theme when AMTI

summing or the complainant in the matter. The High Court Secretary that's accused, Eathan Kape, Judge Presidents of sexual harassment, laid her complaint and gave her evidence in chief in January this year, and so that is the basis upon which Lisa Vettan has been testified before the Judicial Conduct Tribunal that's tasked with investigating the claims that have been made by menem And so as the afternoon wrapped up, we saw the Council for Judge President Sabin Benenger really

pressing Lisa Vettan on the kind of witness expert witness that she is given the fact that she has written quite extensively on this topic of sexual harassment, particularly the gender dynamics as well as well as the workplace, and so Advocate Moses Kakane really saying that her evidence was deficient in that she only looked at the evidence that was provided by the complainant and didn't look at the evidence that was given or the submissions that have been

made by the Judge President himself. Of course, we know John that this is a matter that is going to

be sitting. All this hearing in particular will be sitting until the eleventh of July, and so we expect more people to come forward, particularly from the respondent side, the witnesses that they will be presenting, as well as the Judge President himself, to really give evidence and to counter the claims that have been made by Lisa Vettan and the other expert witnesses and other witnesses that have been presented by advocates solmsciapus, who's the evidence leader before the tribunal.

Speaker 1

And just in terms of where we stand in the process many weeks to go, a matter of what are we looking at well.

Speaker 2

Traditionally, tribunals do take quite a while before they wrap up and before the tribunal gives its findings and writes

a report to the Judicial Services Commission. You'll remember that this tribunal is established in terms of the jac Act, and so after it has concluded its work, it will then present its findings and its report to the JSC to the Judicial Conduct Sorry the Judicial Services Commission that will then look at the recommendations or the findings of the tribunal and also make a finding as to whether it endorses the finding that has been made by the tribunal.

That will call or maybe a finding of gross misconduct. Of course, the Constitution says there are certain uh transgressions that may land a judge or may land a tribunal to a finding of grossness conduct, and among them is the sexual harassments claim that has been made by Andy swimming But John, I also want to just focus, if you have time, on these submissions that have been made by Alisa Vettan today where she speaks of the power dynamics that have been made by the power dynamics that

exist between Anti Swimmingor and the Judge President, also saying that because there is a power dynamic there where you have someone that is quite senior and someone that is subordinate in the workplace, those power dynamics do have an influence in the way that Andy Swimminger also responded to some of the sexual advances that were made by the

Judge President. You'll remember that she says that the Judge President made unwanted sexual advances towards her between twenty one and twenty twenty two, also sending allegedly sending salacious messages to her between that period and something that she found to have been unwanted at the time, which led to the official complaint that she laid at with the Judicial Service Commission in twenty twenty three.

Speaker 1

Thanks so much so, Lega Kodache edw and reporter tracking that story.

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