Deleted messages between Mbenenge and Mengo may not be recovered

A cellphone expert says that there is no way to predict whether one can recover deleted messages. Francois Moller is testifying before the Judicial Conduct Tribunal probing sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge.

This follows Judges Secretary Andiswa Mengo’s allegation that the top judge sexually harassed her between June 2021 and November 2022 using electronic communication.

Mengo previously testified that Judge Mbenenge would delete messages between the pair and request her to do the same.

Moller examined devices belonging to Mbenenge and Mengo.

“The answer is, we can’t say. We have to download the device and the reason for that is, there’s no way for us to predict whether we will be able to recover information on a database file. So, the more often you use your phone, the less possible it will be for us to recover deleted information, because the more information you generate on the device, the quicker those deleted information gets overwritten and then it is disappearing from the device itself,” says Moller.

 [GRAPHIC CONTENT] Judicial Conduct Tribunal Hearing for Judge President Mbenenge | 05 May 2025