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The Judicial Conduct Tribunal is currently conducting a hearing in Rosebank, Johannesburg on the complaint lodged by Andiswa Mengo, against Judge President Selby Mbenenge of the Eastern Cape Division of the High Court.
WARNING: GRAPHIC CONTENT – the following story contains graphic content that may be upsetting to readers
An expert witness’ appearing before the Judicial Conduct Tribunal has identified two emojis used in the electronic communication between Judges’ Secretary Andiswa Mengo and Eastern Cape Judge President Selby Mbenenge, that carried a sexual connotation (as understood by Mengo), beyond the ascribed official meaning.
This comes as the Tribunal saw Mbenenge call his second witness, ICT Expert Dr. Vincent Mello, to the stand. Dr. Mello is expected to assess the use of emojis and the disputed images in the electronic communication placed before the landmark probe.
The landmark sexual harassment probe against Mbenenge has heard that over 90% of the emojis used by Mbenenge and Mengo were consistent with the Unicode except for two: the eggplant and peach emojis.
When probed further on their meaning by Tribunal member, Advocate Gift Mashaba SC, Dr. Vincent Mello said the following:
Mashaba SC “My apology. Dr. Mello you said in terms of the meaning of Emojipedia, a peach would represent what? A peach?”
Dr. Mello: “A peach would represent bum.”
Mashaba SC: “And an eggplant?”
Dr. Mello: “Eggplant, a male private part. However, I did highlight that Emojipedia further explains that the usage of it was, there was a campaign to have it banned in that context.”
Dr. Mello was further probed on the allegation that Judge President Mbenenge sent a sexually- explicit photo to Mengo. The origins of the disputed photo, however, could not be confirmed by Dr. Mello.
“Referencing to the template as well, the image does not indicate or cannot be confirmed if it was from WhatsApp since it’s not consistent with the WhatsApp template or format that I was referring to. You don’t see the name at the top, you don’t see the typing space, you don’t see all other features that I highlighted earlier on.”
Dr. Mello was placed under cross-examination where Evidence Leader, Advocate Salome Scheepers challenged the idea that people use emojis according to their ascribed meaning in the Unicode, a suggestion Dr. Mello agreed that the idea was incorrect.
Adv Scheepers: “It is not correct to say that emojis are always used for the standardised meaning. If someone makes that statement, that is not correct”
Dr. Mello: “Chair, yes, I would like to qualify in what you are saying.”
Adv Scheepers: “No, there is no qualification. If that statement is not correct, then always emojis are used with the standardised meaning. There is no qualification. That’s why I’m asking always.”
Dr Mello: “The word always. Yes.”
The cross-examination continues on Friday.
