Latest news with #AndiswaMengo
Eyewitness News
11-07-2025
- Politics
- Eyewitness News
Mbenenge accuses Mengo of lying to Judicial Conduct Tribunal
JOHANNESBURG - Eastern Cape Judge President Selby Mbenenge has accused High Court secretary Andiswa Mengo of lying to the Judicial Conduct Tribunal investigating allegations of sexual harassment against him. 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?'
News24
10-07-2025
- News24
Mbenenge believes it was ‘criminal offence' for Mengo to post his sexual WhatsApp messages
Eastern Cape High Court Judge President Selby Mbenenge has been accused of sexual harassment by Andiswa Mengo, who works as a judges' secretary in his court. X/@OCJ_RSA Be among those who shape the future with knowledge. Uncover exclusive stories that captivate your mind and heart with our FREE 14-day subscription trial. Dive into a world of inspiration, learning, and empowerment. You can only trial once.
Mail & Guardian
09-07-2025
- Politics
- Mail & Guardian
Judge claims his actions were persuasive but evidence leader argues it was harassment
Eastern Cape judge president Selby Mbenenge. (Office of the Chief Justice/ S Lioners) Evidence leader Salome Scheepers argued that it was inappropriate for Eastern Cape judge president Selby Mbenenge to initiate a relationship with the court secretary of another judge. On Wednesday, Scheepers began her cross-examination of Mbenenge — who has been accused of sexual harassment by former court secretary Andiswa Mengo — by focusing on an 8 June 2021 incident in which he asked for her phone number at her desk when he was visiting a fellow judge. The evidence leader said he initiated a conversation with Mengo in a way that abusers often do — from a professional or neutral point — only to turn it sexual later. Mbenenge countered that he had asked for her number as a 'social being', rather than it being inappropriate workplace behaviour. Mengo has testified that Mbenenge engaged in unwanted sexual advances; sent pornographic material, including photos of his private parts; requested half-naked photos and exposed himself to her at his chambers. At the start of his testimony this week, Mbenenge testified that The seven month-long tribunal has seen the contested meaning of Both sides have presented conflicting interpretations of the salacious texts, lewd photos and sexually suggestive emojis, with Mbenenge saying this was part of the normal courting process. Mengo says she felt harassed and was unsure how to respond. Mbenenge admitted he had sought a romantic relationship with Mengo and said he saw nothing wrong with this as he was not her supervisor or employer. He However, Mengo has said the workplace power imbalance made it difficult for her to reject his advances outright and that she had employed different methods to rebuff him. After he attempted to lead evidence and read from his affidavit — as he had done earlier in the week with his lawyer Muzi Sikhakhane — Scheepers interrupted Mbenenge to say he should simply answer her questions. The senior judge said he did not like the manner in which the evidence leader had spoken to him. Mbenenge and Scheepers went back and forth about whether it was appropriate for a judge president to ask for the phone number of the secretary of another judge. Scheepers argued this was a breach of professional boundaries. Mbenenge responded that he had never imposed himself as a judge president. 'In our social set-up, it doesn't matter what culture it is, you don't deal with people from the perspective of, 'Do you know that I'm a JP,'' Mbeneng said. He argued that he was not interacting with Mengo as the Eastern Cape's top judge, but Scheepers said his seniority was implied and formed part of the subliminal conversation. On the question of power, gender expert Lisa Vetten recently testified that Mengo's WhatsApp responses showed someone who used various tactics to navigate Scheepers read Mengo's testimony in January in which she said: 'I had to respect him as someone in charge — even in the manner I would have to respond to him, I had to be very cautious.' Mbenenge said Scheepers was cherry-picking sentences from Mengo's evidence, saying that, at other times during their text exchange, the complainant had said to him: 'Then you must determine what you are looking for,' which he said showed the conversation had evolved between adults and not colleagues. 'You agree then that this conversation turned from being social to being more sensual?' asked Scheepers. 'True,' replied Mbenenge. 'Why did you ask for a photo from her?' Scheepers asked. 'Because I was steering things in that direction based on the fact that I had developed an interest in her during the conversation,' Mbenenge responded . 'But if we look at the conversation before you asked her for the picture, you hadn't established that she wanted this relationship that you are seeking,' Scheepers said. 'I have not been charged for flirting in a particular manner, as against another particular manner. The issue is whether the chats were welcomed or unwelcome,' the judge president said. 'That's the point — you have to establish that it is welcomed. The fact that you asked for a photo; you haven't established whether that would be welcomed at that stage,' Scheepers insisted. Mbenenge said the evidence leader might have a particular way she would prefer someone to show interest in her, to which Scheepers replied that he should not get personal with her during the cross-examination. Throughout the cross-examination, Mbenenge refused to answer Scheepers's questions with either 'yes' or 'no', as requested, preferring to read lengthy paragraphs from the evidence book. This was contrary to his lawyer Sikhakhane's cross-examination of Mengo in January, when he took exception to her idiosyncratic responses. Another point of contention between Scheepers and Mbenenge was the interaction between the judge and Mengo, who had replied, 'I will do,' in response to his request for naked photos and later apologised for not sending them because her phone was not working. She also said she had been busy. Scheepers said Mengo kept putting off the request to signal her discomfort, to which Mbenenge said Mengo had not said she hadn't wanted to. He added that, after some persuasion, she eventually sent some photos. Scheepers argued that his definition of persuasion constituted harassment. He ignored what he did not want to accept and read what he wanted into the conversations, stating that asking Mengo for photos 11 times in one day was evidence of this. Mbenenge maintained his stance that this was part of his persuasion tactic, similar to when he would respond to her WhatsApp photos of a dress by stating: 'It looks stylish.' 'Your proposition seems to be predicated that she was not willing to send a picture and that she did not. That notion is not correct — she did send a picture,' said Mbenenge. 'It is also clear that you persuaded and persisted in asking for pictures,' said Scheepers. She argued that, when Mengo had replied 'earn it' in response to the photo request, it was because she felt uncomfortable and unsure how to respond to a senior colleague. Mbenenge vehemently disagreed. Presiding officer, former Gauteng judge president Bernard Ngoepe, said that irrespective of the court of public opinion, the tribunal members would read every page of the transcript of the text messages before making a final decision on whether Mbenenge was guilty of misconduct. 'We are going to read every single message and understand it in a way we are capable of understanding the messages,' said Ngoepe. The tribunal is set to conclude on Thursday 10 July. Afterwards the Judicial Conduct Tribunal will make recommendations to the Judicial Service Commission as to whether Mbenenge is guilty of misconduct. The sexual harassment charge could lead to impeachment, if the commission makes further recommendations to the National Assembly.
Mail & Guardian
08-07-2025
- Mail & Guardian
Mbenenge says flirtatious texts with his accuser were sensual, not sexual
Eastern Cape judge president Selby Mbenenge. (Office of the Chief Justice/ S Lioners) Flirtatious text messages between Eastern Cape judge president Selby Mbenenge and junior legal professional Andiswa Mengo were at the centre of Tuesday's session of the judicial conduct tribunal in which he faces sexual harassment charges. Mbenenge told the tribunal that the tone of the text exchanges was 'sensual' rather than sexual, and emphasised that he and Mengo had not been physically intimate. When he first took the stand on Monday, Mbenenge showed he was not at the Mthatha high court during the date of an alleged incident of indecent exposure at his chambers and said the relationship with Mengo was consensual. Taking the stand months into the tribunal, Mbenenge insisted that he did nothing wrong in pursuing a romantic relationship with Mengo, saying he was not her supervisor and blamed a smear campaign for the harassment claims. Mengo has accused Mbenenge of sexually hounding her while she was based at the Mthatha high court, including sending inappropriate WhatsApp messages and requesting nude photographs of her. Gender expert Lisa Vetten has testified that because of Text messages have taken centre stage in the evidence, with digital forensic analysts and linguistic experts unpacking their subliminal meanings. The On Tuesday, Mbenenge focused his defence on screenshots of nude photos he is alleged to have sent to Mengo on 16 June 2021, requesting her reciprocation the next day. He denied sending any such photos and said there was no concrete evidence to support the claim. In her affidavit, Mengo stated that Mbenenge had sent several photos of his private parts and pornographic material, which he allegedly deleted shortly after sending. She said she managed to capture a screenshot of one image. But Mbenenge highlighted what he called inconsistencies between Mengo's affidavit and her earlier testimony during the first sitting of the tribunal in January. He questioned the absence of the alleged nude photo, stating that no such image had been presented as evidence. Reading from her complaint, Mbenenge quoted Mengo's testimony of her recollection the day after he requested a nude photo from her: 'On 18 June 2021 he asked me if we were done with what we were talking about, and I said no.' He said this suggested ambiguity, not rejection. Mbenenge said that instead of sending him a nude photo as requested, Mengo had posted a photograph of herself on her WhatsApp status, to which he responded with a message expressing pleasant surprise. He further claimed that the following day, Mengo sent him a Father's Day message using his clan name, 'Jola', which he described as a term of endearment. Mengo has said she Mbenenge said he interpreted this as a continuation of the flirtatious tone and an indication of mutual interest. He said the phrase 'earn it', which Mengo used during their exchange, was not a rejection but an invitation to persist in romantic pursuit. 'What I am doing at this point is to demonstrate the incongruity between the complaints [texts and testimony]' Mbenenge told the tribunal. He argued that the content and context of the text messages showed a mutual and consensual romantic dynamic, not harassment. Asked by his counsel, Muzi Sikhakhane, whether he had ever picked up discomfort from Mengo, Mbenenge responded, 'Not at all.' He described their conversations as 'deeply sensual', even when discussing sexual positions, and insisted this did not amount to sexual engagement or harassment but rather playful flirtation. Mbenenge dismissed the suggestion that Mengo had firmly said 'no' multiple times during their exchanges, stating he did not encounter a 'no' when reading the transcript of the text messages. Mbenenge said Mengo had complimented him as 'handsome' twice and, at one point, when he asked, 'Do you reckon we can be intimate this week?', she responded by saying she would answer in person. The text conversations, according to Mbenenge, eventually became confusing, particularly when he sought to meet in person and Mengo failed to give a clear response. The judge continuously emphasised the 'shame' he had to endure because of the explicit nature of the allegations based on Mengo's testimony without actual evidence of photos he is accused of having sent. The tribunal continues on Wednesday with further cross-examination by Sikhakhane and the evidence leader, Salome Scheepers.
Mail & Guardian
07-07-2025
- Politics
- Mail & Guardian
Selby Mbenenge says car tracker shows he was not at high court during alleged flashing incident
Eastern Cape judge president, Selby Mbenenge. (Judges Matter) Eastern Cape Judge President Selby Mbenenge finally took the stand on Monday in a months-long tribunal on sexual harassment allegations against him, saying his car tracker showed he had attended a judicial staff meeting, gone to the bank and delivered a lecture on the day Andiswa Mengo accuses him of Mbenenge began his testimony by refuting the claim that he exposed himself to Mengo, calling the allegation 'lies' and 'malicious' and saying it was part of a concerted campaign to discredit him. 'It is lies, it never happened,' said Mbenenge, denying the alleged 15 November 2021 incident. 'From the time I arrived in my chambers around 9am, until I left around noon, I had no interactions whatsoever with Ms Mengo.' On the day, Mbenenge said he had attended a judicial staff meeting in the morning, gone to the bank, delivered a lecture to students and gone to court. With regards to the allegations of impropriety, Mbenenge said he did not believe there was anything wrong with engaging in a romantic relationship with a junior colleague, stating he was neither her supervisor nor her employer. 'I am a member of the judiciary. The complainant is a member of the executive. She is employed in terms of the Public Service Act. I am not her supervisor,' he told the tribunal, headed by former Gauteng judge president Bernard Ngoepe. Mbenenge also 'Today, the evidence leader has the audacity — with due respect to her — to say that, among other things, I am being charged with ridiculing the complainant,' Mbenenge said, referring to the tribunal's evidence leader Salome Scheepers. He maintained that, as judge president, he is tasked with upholding professional standards, including the dress code of legal professionals. The judge president also rejected Mengo's claim that she was the last person to leave his chambers on the day of the alleged incident, citing the court sign-out register, which shows that his then secretary, Zintle Nkqayi, signed out after Mengo. Mbenenge's defence counsel, Muzi Sikhakhane, outlined four themes for cross-examination for the last week of the tribunal: Mbenenge's personal history and career; the alleged incident of 15 November; the alleged photos of his private parts and flirtatious messages exchanged via WhatsApp. He was surprised that the tribunal included allegations of 'incapacity' and 'gross incompetence', which he described as vague and unjustified. Appointed as judge president in 2017, Mbenenge told the tribunal that he has written 13 reported judgments as a high court judge and six as judge president. Sikhakhane said Mbenenge's record was not presented to boast, but to refute claims of incapacity and incompetence, which had nothing to do with the other charges. Mbenenge said he had introduced a uniform judicial case flow management system in the Eastern Cape high court, which reduced backlogs, as part of his successes. He also described challenges faced during his tenure, including a 2020 incident when a court judgment was published by the Daily Dispatch before being handed down. He said he had confronted a colleague whose spouse worked at the media house. Mbenenge also cited resistance from some residents when the names of Port Elizabeth and Grahamstown were changed to Gqeberha and Makhanda, respectively. Sikhakhane asked Mbenenge about recent media portrayals of him as a 'sexist judge', suggesting he had become invisible in the judiciary because of the allegations. Mbenenge said he had endured public humiliation and felt presumed guilty before due process had run its course. 'I have appointed females to act in my division. I have encouraged secretaries to study law,' he said, arguing that the notion that he views women as objects 'has no factual basis'. He added: 'I see women as persons who can engage in whatever form of relationship. What is important for them is to be treated as persons.' Asked about 'It is indeed true that it came to pass that I became interested in relating with the complainant and I do not believe that was wrong,' he said. 'Flirtation is a playful way of interacting with someone you are interested in having a relationship with.' Addressing allegations that he had interfered in administrative matters to benefit himself, Mbenenge said he had no role in the hiring of court secretaries and that accusations of 'swapping secretaries' were false. He said he had chosen to shield his family from the tribunal to protect their privacy. 'I saw myself as someone who was presumed guilty until proven innocent. That is the story of my life,' he told the tribunal. Mbenenge suggested that a media campaign proposing that he 'step down' as Eastern Cape judge president had been waged against him and that he had been unfairly criticised for continuing to preside over matters, despite the ongoing tribunal. 'I was viewed as an immoral person, even while due process was still in motion,' he said.
