KEY POINTS
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CCTV footage central to the sexual harassment case was accessed without formal procedures, compromising evidence integrity and omitting critical footage from November 15, 2022.
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The OCJ’s 60-day automatic deletion policy for CCTV footage has sparked calls for reform, as it risks erasing vital evidence in legal disputes.
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The tribunal’s restrictive rules, which bar complainants from directly calling witnesses, have ignited debates over fairness and victim support in judicial misconduct cases.
New revelations about mishandled CCTV footage have cast a shadow over the Judicial Conduct Tribunal investigating sexual harassment allegations against Eastern Cape High Court Judge President Selby Mbenenge.
Prabagaran Naidoo, director of Facilities and Security Management at the Office of the Chief Justice (OCJ), confirmed on Monday that proper protocols were bypassed when footage linked to the case was accessed, raising concerns about evidence integrity.
The tribunal is examining claims by Andiswa Mengo, a judge’s clerk, who alleges that Mbenenge summoned her to his chambers on November 15, 2022, and demanded oral sex. Mengo claims she fled the office immediately afterward.
However, CCTV footage submitted to the tribunal only covers November 14 and 16, 2022, excluding the critical date of the alleged incident.
“The storage of data on CCTV drives is only available for 60 days before it gets overwritten,” Naidoo testified, explaining that footage not specifically preserved is automatically erased. When asked if the missing November 15 footage could be recovered, he stated it would be “impossible.”
Missing November 15 footage raises questions about Mbenenge
Naidoo revealed that Judge Bantubonke Tokota viewed CCTV footage through an irregular process. Normally, requests require formal applications detailing dates, times, and reasons for review, or a police case number. “No such application was made or received by my office,” Naidoo emphasized, though he instructed staff to save the footage Judge Tokota reviewed.
IOL reports that the breach highlights systemic vulnerabilities in evidence handling, particularly in high-stakes cases involving senior judicial figures.
Legal experts warn that such lapses could undermine public trust in institutional accountability, especially amid South Africa’s ongoing struggles with gender-based violence.
Mengo’s counsel, advocate Noreen Rajab-Budlender, further challenged the tribunal’s procedural constraints, noting that complainants cannot call witnesses directly—a rule placing the burden solely on evidence leaders. “The rules are of a nature that Mengo was not allowed to call witnesses,” Rajab-Budlender argued. Mbenenge’s defense criticized the timing of this objection, stating they were prepared for the judge to testify on Tuesday.
Retired judge Bernard Ngoepe, chairing the tribunal, will rule on these procedural disputes Tuesday morning. The outcome could influence future tribunals, particularly regarding victim agency in sexual harassment cases. Mbenenge, who denies all allegations, continues to preside over the Eastern Cape High Court despite the pending tribunal.
