
Mbenenge accuses Mengo of lying to Judicial Conduct Tribunal
Mbenenge is accused of making unwanted sexual advances towards the junior staffer between 2021 and 2022.
A tribunal is sitting in Sandton, Johannesburg, to probe the allegations.
Three years ago, Mengo posted her sexual conversations with the senior judge on her WhatsApp status.
She has testified that she did this because she was extremely tired of inappropriate conversations with him and did not know what else to do.
However, the judge president disputed this when quizzed by evidence leader, Advocate Salome Scheepers.
'She described this as a cry for help, a way of saying 'Here I am being sent inappropriate content by someone older, someone who holds power over me. Even someone's husband.' Did you consider how that conduct made her feel?'

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IOL News
38 minutes ago
- IOL News
‘He went there to do wrong things,' Malema says telling Ramaphosa to fire Mchunu
EFF leader Julius Malema speaks to the media at the funeral of former deputy premier David Mabuza in Barberton, calling for the dismissal of Police Minister Senzo Mchunu. Image: X/EFF 'Fire Police Minister Senzo Mchunu with immediate effect.' That's the message Economic Freedom Fighters' (EFF) leader Julius Malema is sending to President Cyril Ramaphosa following damning claims of interference and criminal links by KwaZulu-Natal police boss Lt-Gen Nhlanhla Mkhwanazi. 'Well, the president should fire Mchunu immediately. Mchunu came with baggage, he is not old in the job, he's very new, but already tainted,' Malema said. 'This is a man who went to that institution (referring to the police ministry) to go and do wrong things,' he told the media on Saturday morning in Mpumalanga, Barberton, at the funeral service of former deputy president David Mabuza. Malema commented on the matter, which has been making headlines for days. 'If you want our people to have confidence in the police again, you have to fire the executive authority and then put an order. If they are generals that have misbehaved, the National Police Commissioner (Fannie Masemola) should act on those generals and then we will start dealing with crime,' Malema said. 'The role of the police is to deal with crime and not to connive with criminals.' At a media briefing last Sunday, Mkhwanazi accused Mchunu of interfering in police work and protecting criminal networks. He claimed Mchunu shut down the Political Killings Task Team in March 2025 and withdrew 121 active dockets, many linked to political assassinations. These cases have since stalled. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Mkhwanazi presented SA Police Service (SAPS) documents, WhatsApp chats, and cellphone data as evidence of a coordinated effort to dismantle the unit. He also accused Brown Mogotsi, a 'comrade' of Mchunu, of communicating with suspects, including Vusimuzi 'Cat' Matlala - a businessman awarded a R360 million police contract in 2024. According to Mkhwanazi, Mogotsi told Matlala the unit was disbanded and that SAPS crime detection head Shadrack Sibiya had taken control of the files. Financial links allegedly tied Mchunu, Mogotsi, and Matlala to political events and a gala dinner. 'This was no accident,' Mkhwanazi said. 'It was a calculated move to shield a criminal syndicate embedded in law enforcement and politics.' Since its establishment in 2018, the task team handled 612 cases and secured over 100 convictions. Mkhwanazi said pressure to disband it intensified after its experts linked weapons to high-profile killings, including cases involving musicians. Shortly after, Mchunu allegedly ordered the unit disbanded and froze intelligence appointments. In a December 2024 letter to National Police Commissioner Lieutenant General Fannie Masemola, Mchunu stated the unit, created following the Moerane Commission report, had outlived its usefulness. However, Masemola later denied authorising the unit's closure. Meanwhile, the Black Business Council (BBC) has also weighed in on explosive allegations made by Mkhwanazi against Mchunu, urging him to file formal complaints and open criminal cases where evidence exists. In a statement, the BBC called the claims 'disturbing and serious,' warning they could undermine public trust in law enforcement and the judiciary. 'We encourage Lieutenant General Mkhwanazi to lodge official complaints with the appropriate bodies and open cases where there is evidence of criminality,' the BBC said. 'Failure to address these allegations will erode public confidence and the integrity of law enforcement.' The council urged Ramaphosa to appoint a retired judge with full authority to hear evidence and, where appropriate, initiate prosecutions. It added that any implicated officials should be suspended to ensure the integrity of the process. Applauding Mkhwanazi's 'boldness and courage,' the BBC encouraged other professionals to speak out against corruption and promote accountability, regardless of personal risk. As pressure mounts, President Ramaphosa is expected to address the nation at 7pm on Sunday. IOL Politics


Mail & Guardian
an hour ago
- Mail & Guardian
High court rules that cryptocurrency is not money
Cryptocurrency was first introduced to the global market in 2009, with its most well-known form being bitcoin On 15 May, the high court handed down a landmark judgment in the case of . The judgment addressed the position of cryptocurrency assets in light of South Africa's Exchange Control Regulations. Cryptocurrency was first introduced to the global market in 2009, with its most well-known form being bitcoin. In an October 2024 publication by the South African Revenue Service it was estimated that more than 5.8 million South Africans hold a crypto asset. As new technologies emerge, the government faces several challenges in determining how to integrate them into existing legislation. This article examines an application by Standard Bank to set aside a forfeiture order issued by the Reserve Bank against Leo Cash and Carry (LCC), following multiple cryptocurrency transactions that allegedly violated the South African Exchange Control Regulations. The judgment is being taken on appeal by the Reserve Bank after it was ruled that cryptocurrency is not subject to the regulations. The high court analysed the legality of a forfeiture order issued in respect of R16 404 700.37 and R10 000 000, which was due to Standard Bank, in accordance with a prior pledge and cession agreement concluded between the bank and LCC. The forfeiture order follows an investigation from the central bank's financial surveillance department which found that LCC had contravened exchange control regulations. Passed in 1961, the exchange control regulations promulgated in terms of section 9 of the Currency and Exchange Act, aim to discourage the export of capital from South Africa and protect the economy. The court in South African Reserve Bank vs Leathern N.O . and Other held that the purpose of the regulations are threefold: to prevent loss of foreign currency resources through the transfer abroad of financial capital assets held in South Africa; to ensure effective control of financial and real assets in and out of the country and to avoid interference with the commercial, industrial and financial systems of the country. It is apparent that the legislative intent of these regulations is protective and forward-looking, which may support an expansive interpretation that includes digital finance instruments. In the matter before the high court, Standard Bank provided multiple arguments as to why they felt that cryptocurrency is not subject to these provisions. While logically sound, the arguments undermine the purpose of the legislation and the economic stability the regulations were designed to preserve. When assessing Standard Bank's claim, the high court swiftly dismissed the claim for R10 million held in a Nedbank account, ruling that it does not have legal standing to challenge this claim and thereafter only considered a claim for R16 404 700.37 which was held in a money market account. The key to Standard Bank obtaining judgment and setting aside the forfeiture order was proving that LCC had not contravened any exchange control regulations in dealing with cryptocurrencies — enabling them to successfully cede the monies as per their agreement with LCC. In doing so, Standard Bank argued that cryptocurrency is neither a currency nor legal tender in South Africa and, consequently, the regulations did not apply to it. Further to this argument, it argued that definitions in the regulations should be given restrictive interpretation and only if the legislation was amended to include cryptocurrency would it be subject to the regulations. Taking the argument even further, the bank argued that cryptocurrency was not capital and that it could not be applied to the exchange control regulations without a dedicated framework regulating cryptocurrency as an asset. At this point, one might ask why Standard Bank felt cryptocurrency was not money or a form of capital. In answering this, the bank submitted that the fundamental difference is that, when one purchased cryptocurrency, a blockchain recorded your purchase, and the record of this purchase would be stored on thousands of computers globally. In addition, the transfer of cryptocurrency to another was not payment. It was argued that, in this sense, cryptocurrency was not a sum of money. On the other hand, the Reserve Bank's argument attempted to future-proof regulation in light of the digital economy, arguing for the acceptance of cryptocurrency in the exchange control regulations. In doing so the central bank argued that both the PwC report on which the investigation into LCC was made, and the allegations made against LCC, were uncontested. Drawing from South African Reserve Bank vs Leathern N.O , the Reserve Bank submitted that, because there was a reasonable suspicion of a contravention, the high court was not entitled to set aside the blocking order. In response to the argument that cryptocurrency was not subject to the regulations, the Reserve Bank argued that a contravention of regulation 3(1)(c) did not require a payment or the identity of any receipt. Furthermore, that cryptocurrency was covered by the regulations, noting that in the definitions of the regulations, money was defined as 'foreign currency or any bill of exchange or other negotiable instrument'. Counsel for the respondents (the central bank and others) argued that cryptocurrency was an instrument which permitted payment in currency, which is not a legal tender in South Africa. In highlighting the importance of regulating cryptocurrency under exchange control regulations, the Reserve Bank submitted that when rands are paid into a South African cryptocurrency wallet, the rands would become cryptocurrencies, and the rand value would be lost from the South African balance sheet. Subsequently, in a foreign jurisdiction that cryptocurrency enabled the holder of the cryptocurrency to withdraw a sum of money equal to that cryptocurrency, operating as a form of payment. Last, when considering whether Standard Bank was entitled to the funds in the money market account, the Reserve Bank argued that Standard Bank was not entitled to the money because in terms of the cession and pledge agreement between the Standard Bank and LCC, express consent was required to realise any collateral held by Standard Bank. In reviewing the arguments presented before the high court, Judge MP Motha noted that it was undeniable that the LCC was involved in a scheme to directly or indirectly export funds, foreign currency and capital from South Africa. The court set out the extent of the LCC's transactions, noting that during 2019 LCC sent 4 405.9783 of bitcoin, amounting to R556 020 356, 68, to Huobi Global and concluding that it was therefore incontrovertible that the LCC partook in cryptocurrency transactions. The court highlighted that the answer lies in one's interpretation of the word 'currency' and held firm that cryptocurrency is not money. It noted that trying to view cryptocurrency as money leads to strained and impractical results and, if it were to be viewed as money, cryptowallets would be attached in terms of regulation 22B. Some of the practical questions raised by the court were whether one can deposit cryptocurrency and whether one must declare it when entering or leaving South Africa. T he judge held that, on any interpretation, cryptocurrency fell outside the ambit of capital in regulation 10(1)(c) and that, as Standard Bank argued, a regulatory framework dedicated to addressing cryptocurrency is overdue. He cited a published paper by the Reserve Bank itself highlighting the lack of a proper regulatory legal framework, specifically highlighting that 'there is no regulatory protection that would compensate the owner or user of cryptocurrency for any loss that may be suffered'. Considering the above, the judge held that LCC did not contravene any regulations and the forfeiture of the money held in the money market account was set aside. On 23 May, the Reserve Bank filed an application for leave to appeal, seeking to overturn the ruling. Its main argument is that the high court should have concluded that, although not considered money, cryptocurrency could, at the very least, be seen as 'capital', triggering the provisions of regulation 10(1)(c). As a result of the appeal, section 18(1) of the Superior Courts Act provides that the court's decision is suspended, pending the outcome of the Reserve Bank's application for leave to appeal. Given this prevalence, the ruling has profound implications, not only for financial institutions and regulations, but also for citizens whose assets may be subject to the regulations. Without legislative intervention, the South African government could find itself powerless in monitoring and regulating the significant volume of digital wealth cryptocurrency holds. Charlise Finch is a candidate attorney and Raffique Motala is a director at Herold Gie Attorneys.


The South African
13 hours ago
- The South African
Police commissioner Makhwanazi to be gifted two cows from public
KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi will be the proud owner of two cows, thanks to a BackaBuddy fundraising initiative. The gift follows the high-ranking official's bombshell allegations last week about the Minister of Police, Senzo Mchunu's alleged underworld dealings. On the X platform, notorious troll Chris Excel launched a crowdfunding initiative to gift Nhlanla Mkhwanazi two cows as a 'token of appreciation.' The mysterious social media profile encouraged his followers to dig into their pockets for the charitable cause. Soon enough, his BackaBuddy campaign had succeeded the R35 000 goal. According to Excel, he was currently dealing with formalities, pending the release of the funds, which would be used to purchase and transport two cows to Mkhwanazi in Durban. Meanwhile, President Cyril Ramaphosa will convene a 'public meeting' to give South Africans feedback on his response to Nhlanhla Mkhwanazi's allegations against high-ranking officials. The television briefing will take place on Sunday, 13 July at 19:00 and will be broadcast on various platforms. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.