Latest news with #JudicialConductTribunal
IOL News
18-07-2025
- Politics
- IOL News
Tribunal rules Judge Parker lied about Hlophe assault, calls it gross misconduct
Western Cape Judge Parker found guilty of contradictions and ethical breaches Image: Supplied The Judicial Conduct Tribunal has found Judge Mushtak Parker guilty of dishonesty and gross misconduct after it emerged that he provided contradictory statements regarding an alleged assault by former Western Cape Judge President John Hlophe. The tribunal, chaired by retired Judge President Bernard Ngoepe, delivered a damning verdict, stating that Parker's actions violated the standards expected of a judicial officer. The tribunal examined two complaints against Judge Parker, both centered on allegations of misconduct involving dishonesty. The first complaint, lodged on March 23, 2020, by ten Western Cape High Court judges, accused Parker of lying under oath about being physically assaulted by Hlophe in his chambers on February 25, 2019. Parker initially deposed an affidavit claiming he had been shoved and assaulted by Hlophe, an account supported by affidavits from other judges. However, in a subsequent affidavit a year later, Parker retracted his earlier version, asserting that no assault had occurred. This flip-flop, supported by testimonies from colleagues, was deemed by the tribunal to be 'mutually exclusive' and indicative of gross misconduct. In his judgement, Judge Ngoepe stated, 'The respondent acted dishonestly in giving two contradictory and mutually exclusive versions about the incident that happened in his Chambers between himself and former Judge President Hlophe. 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 ✕ Ad Loading 'And by giving these two contradictory and mutually exclusive versions, the respondent rendered himself guilty of gross misconduct, as envisaged in section 177(1)(a) of the Constitution.' Earlier in February, the key witness, Judge Derek Wille, recounted how Parker, visibly distressed, confided in him about the alleged assault and dictated an initial affidavit. Wille also testified that Parker showed him a broken key, which Parker claimed was caused during the assault. Further testimonies revealed that Parker had relayed details of the incident to several colleagues, some of whom expressed concern over his emotional state. Adding complexity to the case, Parker's colleagues noted that his accounts of the altercation with Hlophe were inconsistent and sometimes openly contradictory. In some instances, Parker maintained that he was assaulted; in others, he seemed to question whether an assault had taken place. The second complaint, brought by the Cape Bar Council, accused Parker of failing to disclose a significant trust account deficit during his application for permanent appointment as a judge. It was revealed that Parker's law firm had a long-standing R8 million shortfall due to misappropriation of trust funds, which he omitted in his application to the Judicial Service Commission (JSC). Judge Ngoepe said that Parker's failure to disclose such material information constituted 'gross misconduct,' breaching ethical standards expected of judicial officers and attorneys. In delivering the verdict, Judge Ngoepe ruled against Parker, citing the weight of evidence indicating dishonesty and misconduct. 'Given the body of evidence before us, the tribunal finds that Judge Parker's contradictory statements about the incident with Hlophe are unacceptable and constitute gross misconduct,' he declared. IOL Politics
TimesLIVE
17-07-2025
- General
- TimesLIVE
Smile or fruit, beware of the emoji you send — especially at work
Red heart, banana and peach emojis may look innocent — and they are. But in what context and sequence are you using them? That's what could be problematic with the emojis you love sending. Dr Zakeera Docrat, the University of the Western Cape's forensic and legal linguist, has warned people to think about the messages they send with emojis, especially in the workplace. Speaking at a webinar under the theme: 'Beyond the smile: Emojis, communication and misinterpretation in the modern workplace', Docrat said one should be careful of the emojis they send. She urged companies to develop policies that regulate communication in the workplace. 'It would be dependent on what you want to control within the specific workplace but you can never have one policy that would be applied and adopted across various spaces, that would never work. It needs to be a policy that is specific to your needs and as a forensic and legal linguist, it's always good to consult us and to say, these are the issues that we have. 'We need to formulate a policy that controls the behaviour and communication practices. It has to be something that's updated quite frequently,' Docrat said. What do we deem as appropriate workplace communication? 'A lot of the emojis are open to interpretation, it's based on context, the nature of the relationship between you and the recipient ... If there is a power dynamic between you and another colleague, is it appropriate for you to be sending them an emoji? Is it an appropriate response to send an emoji? Why are you doing it? 'The role of gender is also important and for me it influences the power dynamic, especially if it is a senior male colleague. If a male colleague sends me a red heart emoji, and I don't have that type of relationship where I know them very well and I get sent a heart, I would immediately be offended.' So, do you know what the emojis you love sending mean and are they appropriate to send to your colleagues? 'What are you communicating with your emoji? Take for an example the tongue out emojis. Are you joking or are you being insulting?' Docrat, who testified in the Judicial Conduct Tribunal hearing into sexual harassment against Eastern Cape judge president Selby Mbenenge, said emojis mean different things to different people. Andiswa Mengo has accused Mbenenge of sexually harassing her over eight months in 2021 and 2022. She has testified that not only did he send her unwanted sexually explicit WhatsApp messages, but had attempted to solicit oral sex from her in his chambers and sent her a photo of his penis. Said Docrat: 'When we talk about the analysis or interpretation of emojis, we can't be divorced in a sense from the culture and the language in which the emojis are being used. It is very important for an expert, and I don't want to say [expert should] be from that culture or know that language but [the expert] has to have an association [with the culture or language it is being used]. 'You have to be able to read the context. Understanding the language that is being used in a written text, understanding the culture is extremely important.' Emojis with sexual connotations included a peach and eggplant with water droplets used in sequence; an eggplant, banana, lips, lip biting, also used in sequence. 'We would never associate a doughnut or a pointing finger emoji with having sexual connotations but if we're using them in these sequences, you will notice that it means something. You don't even need to use any text to understand what is being represented here,' said Docrat. 'If you look at the eggplant, the banana, the lips, the biting of the lips, there's a specific sequence. The heart eyes emoji, the hearts around the face emoji, all these have sexual connotations. 'The [use] of hearts emojis are context specific. If somebody is sending me a white heart emoji, am I associating it with sympathy? Others might say it is pure love. [When you send the] black heart, are you saying somebody has got a black heart, are they evil perhaps or do they have evil tendencies?' Selective emojis with harmful connotations include a coffin, knife, bomb, axe, blood, faeces and tombstone. 'What happens when you send the coffin emoji or the tombstone or the blood emoji to somebody? What are you really saying? If you are sending [a coffin or tombstone emoji] in the context of a funeral ... but should you really be sending these emojis?
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?'
Eyewitness News
11-07-2025
- Politics
- Eyewitness News
Tribunal probing sexual harassment claims against Mbenenge reconvenes October for oral arguments
JOHANNESBURG - The Judicial Conduct Tribunal investigating allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge will reconvene on 21 and 22 October for oral arguments. The fact-finding body adjourned on Thursday after evidence leader, Advocate Salome Scheepers concluded with her cross-examination of the top judge. ALSO READ: - Evidence leader says there's not enough proof to suggest Mbenenge didn't try to expose his penis to Mengo - Mbenenge accuses Mengo of lying to Judicial Conduct Tribunal - Mbenenge testifies syringe emoji sent to Mengo was medical after conceding it could be viewed sexually Mbenenge is accused of making unwanted sexual advances towards High Court secretary Andiswa Mengo between 2021 and 2022. The judge president denies this and said he was gutted that the junior staffer posted their sexual conversations on her status on social media platform WhatsApp. In 2022, after several months of exchanging messages with Mbenenge, Mengo posted her sultry messages with the senior judge on her status on WhatsApp. The splash caused murmurs within the corridors of the Eastern Cape High Court, with Mengo then proposing a roundtable with some of the division's judges to discuss the matter. However, Mbenenge pulled out of the suggested meeting, something Scheepers questioned. 'I said I could never, in my sound and sober senses, attend a meeting where I'm going to be confronted with pictures that I say I never transmitted to the complainant, and thanks God I did not,' Mbenenge said. Scheepers replied, 'That was just a normal question. I don't know why you are so defensive. This tribunal has not heard your version. We only heard the version from Mr Krokwana and the complainant. That's why I afforded you the opportunity. Why did you cancel it?' Scheepers asked Mbenenge why he did not pursue any other means for reconciliation. The judge president testified that he tried calling the complainant, only to discover that he had been blocked and then reached out to her close allies to appeal to her. Now that Scheepers has concluded with her cross-examination and there was no re-examination by Mbenenge's legal counsel, the parties will gather again three months from now before the tribunal considers the evidence before it.
Eyewitness News
09-07-2025
- Politics
- Eyewitness News
Mbenenge tells tribunal he believes he was 'being led on' by Mengo
JOHANNESBURG - Eastern Cape top judge, Selby Mbenenge, has told the body investigating sexual harassment allegations against him that his junior staffer, Andiswa Mengo, led him on. The judge president has alleged that Mengo did not reject him when he made advances towards her, leading to a flirtatious relationship between them. Mbenenge was cross-examined before the Judicial Conduct Tribunal sitting in Sandton, Johannesburg on Wednesday. ALSO READ: • Mbenenge insists peeled banana emoji sent to Mengo did not have any sexual connotation • Mbenenge defends sending a late-night apology text message to Mengo • Mbenenge tribunal: Anti-GBV protestors disturb proceedings • Mbenenge says he's opened a case of crimen injuria against Mengo • Mbenenge accuses Mengo of 'embellishing' sexual harassment complaint against him Evidence leader, Salome Scheepers: "Do you understand that emojis and vague responses are not an indication of consent or reciprocation, but possibly a coping mechanism in an uncomfortable situation, like the complainant testified? She was trying to cope, meaning she did not want to talk." Mbenenge: "No, that's not." Scheepers: "She does not want to say things." Mbenenge: "No, no, that's not what it means." Scheepers: "It can mean that. It can mean that some things are better not said because she knew that she had to respect you." However, Mbenenge said that the messages from the complainant did not suggest this. "I disagree with the interpretation that you are giving from the perspective that I am saying, insofar as whether these chats were welcome or unwelcome, I have not come across anything that was conveyed to me that should make me believe that it was unwelcome. I don't regard what she is saying there as a rebuff. On the contrary, I believe that I was being led on."
