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Judge President Mbenenge apologises for embarrassing chats
Judge President Mbenenge apologises for embarrassing chats

IOL News

timea day ago

  • IOL News

Judge President Mbenenge apologises for embarrassing chats

The Judicial Conduct Tribunal against Judge President Selby Mbenenge raises critical questions about power dynamics. 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 was 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. Before proceedings concluded on Tuesday, JP Mbenenge confirmed that he had lodged a 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. 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 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. Next Stay Close ✕ '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. JP Mbenenge at length picked apart conversations that occurred between himself and Mengo, which he alluded to have been 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, added his conversations with Mengo were 'merely chats and conversations' that were of a 'sensual' nature. 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 emoji in, was in its literal sense. 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. Cape Times

Judge Mbenenge inquiry: Criminal case of crimen injuria opened against Mengo
Judge Mbenenge inquiry: Criminal case of crimen injuria opened against Mengo

IOL News

time2 days ago

  • Politics
  • IOL News

Judge Mbenenge inquiry: Criminal case of crimen injuria opened against Mengo

Before proceedings concluded on Tuesday, former Judge President Selby Mbenenge confirmed that he had opened a criminal case of crimen injuria case against Mengo which he said showed his commitment to dispute what he was alleged to have done. 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. 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 ✕ '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.

Judge President Selby Mbenenge's emoji evidence scrutinised in sexual harassment tribunal
Judge President Selby Mbenenge's emoji evidence scrutinised in sexual harassment tribunal

IOL News

time7 days ago

  • IOL News

Judge President Selby Mbenenge's emoji evidence scrutinised in sexual harassment tribunal

Dr Vincent Mello an expert in Information, Communication and Technology (ICT) specialising in Research and Information Science, gave evidence relating to the use of emojis. Image: Supplied / Judicial Conduct Tribunal Sexual harassment accused Judge President Selby Mbenenge's legal counsel at the Judicial Conduct Tribunal put their own emoji expert witness on the stand on Thursday where he gave evidence relating to Whatsapp exchanges between JP Mbenenge and complainant Andiswa Mengo. On Thursday morning, Dr Vincent Mello an expert in Information, Communication and Technology (ICT) specialising in Research and Information Science gave evidence relating to the use of emojis as it is used in Unicode (a system for encoding virtually all characters used in computers, ensuring consistent representation across different platforms and languages) globally. Giving testimony on Thursday, Dr Mello gave a detailed breakdown of the amount of times certain emojis were used between both parties on the WhatsApp application, adding that cumulatively, emojis were used approximately 189 times between JP Mbenenge and Mengo. It was Dr Mello's evidence that, according to Emojipedia, the peach represents 'bums', and the eggplant emoji represents the 'male private part'. It was Mengo's allegation that both emojis, including a peeled banana, was sent to her by the JP Mbenenge via WhatsApp chat but he then deleted the messages, not before she managed to take screenshots of the messages. Further to a line of questioning, by advocate Muzi Sikhakhane for JP Mbenenge, Dr Mello was probed about a picture depicting a male private part, allegedly also sent by JP Mbenenge to Mengo and whether it could be ascertained who sent the message. Dr Vincent Mello gave a detailed breakdown of the amount of times certain emojis were used between both parties on the WhatsApp application, adding that cumulatively, emojis were used approximately 189 times between JP Selby Mbenenge and sexual harassment complainant Andiswa Mengo. Image: Supplied / Judicial Conduct Tribunal Dr Mello said it could not be ascertained by whom the message was sent. Dr Mello, probed about whether the parties had used the emojis in accordance with the ascribed Unicode, said: 'It is my opinion that with a good number of accuracy they are associated with that. There are two that I want to make mention of. The peach and the eggplant…when you go to Emojipedia, it does also make reference to say that a peach would generally represent the bums and the eggplant, the male private part.' Dr Mello referenced an Instagram campaign during 2015 to have the eggplant emoji banned in that associated usage. Previously the Tribunal heard evidence from Dr Zakeera Docrat, a forensic and legal linguist and researcher, who confirmed that the context in which emojis were sent to Mengo by JP Mbenenge depicted sexual acts.

Judicial Conduct Tribunal postpones hearing for Judge President Selby Mbenenge
Judicial Conduct Tribunal postpones hearing for Judge President Selby Mbenenge

IOL News

time13-05-2025

  • Politics
  • IOL News

Judicial Conduct Tribunal postpones hearing for Judge President Selby Mbenenge

Judge President Selby Mbenenge is accused of sending complainant Andiswa Mengo untoward WhatsApp chats over an extended period. JP Mbenenge is accused of sexual harassment and misconduct. The Tribunal hearing has been postponed. Image: Office of the Chief Justice The Judicial Conduct Tribunal dealing with sexual harassment and misconduct complaints against Eastern Cape High Court Judge President (JP) Selby Mbenenge has hit another delay after proceedings were postponed on Tuesday. JP Mbenenge is accused of sending complainant Andiswa Mengo untoward WhatsApp chats over an extended period and in one incident it is alleged the he asked Mengo to engage in a sexual act in his chambers. Mengo lodged the complaints in December 2022. On Tuesday morning the hearing was scheduled to deal with the testimony of gender expert Lisa Vetten but following a discussion in chambers, retired Justice Bernard Ngoepe announced that the Tribunal would be postponed to allow Mbenenge's legal team to properly prepare. This followed after Ngoepe made a ruling that they, erring on the side of caution, would allow the testimony of Vetten to be heard and would later decide the relevance of it. Mbenenge's legal team objected to Vetten going ahead with her testimony on the grounds that the summary of her evidence was not delivered on time. The matter was set down for further Tribunal hearing from 30 June to 11 July. Andiswa Mengo Image: Office of the Chief Justice Making the ruling, Ngoepe said: 'We should rather allow evidence, even though there are arguments about its relevance, allow it nevertheless to be given. We allow it to be given because we are confident that if it is irrelevant, we will be able to hold accordingly at any time, even at the end of that evidence, we will say that it is irrelevant and put it aside. 'Contrast that with a situation where you exclude evidence which might well be relevant and material. We think in that case, we would have erred. Our resolve is that we should allow her to give her evidence and there would be no prejudice to anybody,' said Ngoepe. Up to this week, the Tribunal has heard the testimony of a number of witnesses called by evidence leader, Salome Scheepers and which had to be tested by both counsel to Mengo and Mbenenge. This included the testimony of former Judicial Service Commission secretary Kutlwano Moretlwe's version of events, which, in part, dealt with the misplaced initial sexual harassment complaint. The initial complaint was handed to the former Chief Justice Raymond Zondo on December 12, 2022 however, according to Moretlwe, this complaint was misplaced and Zondo had contacted Moretlwe to inform her of the incident. Another witness, forensic and legal linguist and researcher, Dr Zakeera Docrat, confirmed that the context in which emojis were sent to Mengo by JP Mbenenge depicted sexual acts. A colleague of Mengo, Ntomboxolo Jobela testified that Mengo confided in her about the messages sent to her by JP Mbenenge and shared with her the explicit pictures she had allegedly received from him. [email protected]

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