Judge Mbenenge inquiry: Criminal case of crimen injuria opened against Mengo
Image: Office of the Chief Justice / S Lioners
Sexual harassment complainant Andiswa Mengo was labelled to have 'selective amnesia' by former Judge President Selby Mbenenge as he continued his testimony at the Judicial Conduct Tribunal on Tuesday.
JP Mbenenge is accused of having engaged in untoward and sexually-driven Whatsapp conversations between himself and Mengo over a period of time which he conceded were 'flirtatious' and 'deeply sensual' but defended himself saying these were consensual conversations between them.
Before proceedings concluded on Tuesday, JP Mbenenge confirmed that he had opened a criminal case of crimen injuria against Mengo which he said showed his commitment to dispute what he was alleged to have done.
This was coupled with an apology.
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'It is embarrassing to me that clandestine chats between two adults came into the public domain. I regret that it happened and I can only apologise to South Africans insofar as they have become privy to embarrassing chats," said JP Mbenenge.
On Tuesday, JP Mbenenge at length picked apart conversations that occurred between himself and Mengo which he alluded to it being selectively testified on by the sexual harassment complainant.
'A complaint which is laced up in lies, should not have seen the doors of the Judicial Services Commission (JSC). A complaint founded on lies should not be entertained,' he said.
Further to this, JP Mbenenge continued to vehemently deny that he had sent Mengo pictures of his male private parts and then having deleted them.
Referring to exhibits issued to the Tribunal relating to Mengo's complaints, the panel was referred to an exhibit which is described to allegedly be his private part and also another pornographic picture of a couple in a sexual position.
'We will sit here until the cows come out, but there is no such picture,' said JP Mbenenge referring to the exhibits which appeared to not correspond with what Mengo said it to be in her testimony and affidavit.
JP Mbenenge, who said he had to be explicit in defending himself, said his conversations with Mengo were 'merely chats and conversations' that were of a 'sensual' nature and denied having sent pictures of his private parts to her.
Further to this, he testified that Mengo had on an occasion which she wished him on a Father's Day, called him by his clan name 'Jola', which is culturally considered in isiXhosa, as a term of endearment.
He testified that Mengo initiated the conversation on the day at 6.03am and he woke to the message she had sent to him. According to him, when he was invited by Mengo to 'earn it' - when he had solicited a picture from her - she 'invited me to persist'.
'In respect of persistence: persistence is persistence. Demanding and coercion is something else,' said JP Mbenenge.
According to him, referring to a peeled banana emoji sent to Mengo, JP Mbenenge said it did not represent sex when he sent her the emoji but according to JP Mbenenge, when he said to Mengo: 'I was going to share something nice with you' with a peeled banana, it was to suggest that the two of them would eat a banana together.
'I am not an expert of this emoji things, it was the first time when Dr (Zakeera) Docrat testified that it represented a circumcised penis, that was not what I was conveying. I don't know those things,' said JP Mbenenge.
According to him, the context he had sent the banana in, was in its literal sense.
Moments later, probed about sending Mengo the peach and eggplant emoji's, JP Mbenenge confirmed that in the context of their conversation it signified 'sensual' fruits which signified intimacy.
Further led by his counsel Muzi Sikhakhane, JP Mbenenge said he had sent the needle emoji to Mengo 'in the context of health' after she informed him that she had taken ill.
JP Mbenenge confirmed that when he sent the emoji to Mengo he implied that he wanted to 'lift her spirits' and would 'do anything and everything to uplift' Mengo's spirits.
Probed if he implied that the needle emoji could have been interpreted as a male private part, JP Mbenenge said: 'I could mean that. I don't associate a needle with a penis but within (the context of this) deep sensual talk, it could have meant that.'
The Tribunal continues on Wednesday.
chevon.booysen@inl.co.za
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