Mbenenge’s counsel challenges Mengo’s sexual harassment testimony

EC Judge President Selby Mbenenge

3 minutes

Counsel on behalf of Eastern Cape Judge President Selby Mbenenge has teased that the Tribunal probing sexual harassment allegations against the top Judge will hear expert evidence that disputes the testimony that Mbenenge allegedly sent sexually explicit images to Judges’ Secretary Andiswa Mengo.

Mengo, who accuses the top Judge of sexual harassment in the form of in-person interaction and electronic communication, is currently under cross-examination before the Judicial Conduct Tribunal.

Counsel on behalf of Judge President Selby Mbenenge charged that his client did not send Judges’ Secretary Andiswa Mengo sexually explicit images of private parts as Mengo contended under oath in her evidence in chief.

“Evidence will be led that actually this picture you claim was sent can never be found by experts on the phone of the respondent. Do you have any comment,” says Adv. Muzi Sikhakhane SC, on behalf of Judge Mbenenge.

“I will say okay, I have nothing further than that,” says Andiswa Mengo, Complainant.

“It is false that in this time we are talking about or any time at all, you were sent K8 or any image of private parts or a private part,” Sikhakhane argues.

“I am disputing what you are saying,” Mengo says.

This was one of the many aspects in Mengo’s version of events that were tested during cross-examination.

This includes the banana peel emoji allegedly sent by Mbenenge, which forms part of Mengo’s initial complaint where she states she understood it to be a sexual reference.

Mbenenge’s counsel, however, argues that the assertion was misleading as it omitted information. “He or she will not know that you sent laughing emojis.”

“Okay,” Mengo answers.

Video: [GRAPHIC CONTENT] Judicial Conduct Tribunal on Judge Mbenenge continues

Mbenenge’s counsel was also at pains to illustrate what it termed as numerous opportunities available to Mengo to expressly reject Mbenenge’s alleged sexual advances. This was in reference to Mengo’s evidence that she requested an in-person meeting with Mbenenge when she got “fed up” with the alleged advances.

“Therefore, instead of with the courage that you amassed, and I believe you had said you were fed up, you were tired of disgusting things as you called them (some of which were said by you, but you were tired of those from him). That courage was not used to tell him when he is not even in front of you,” Sikhakhane says.

Mengo has previously testified that the advances she experienced allegedly at the hands of the top Judge were unwanted, persistent and unrelenting, and left her no room to outright reject the alleged conduct due to the power imbalance between the pair.

The Tribunal continues.