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The Citizen
16-07-2025
- Politics
- The Citizen
Wrap of Mbenenge tribunal: Judge awaits his fate
The tribunal will reconvene in October for oral arguments over sexual harassment claim. In perhaps one of the most contentious hearings against a judge, with witnesses contradicting each other, the Judicial Conduct Tribunal started the year with a hearing that seeks to determine whether Eastern Cape Judge President Selby Mbenenge sexually harassed the secretary for the judges, Andiswa Mengo. The Tribunal, comprising Judge B M Ngoepe, retired Judge-President of the Gauteng Division of the High Court, Tribunal President, and Judge C Pretorius, retired Judge of the Gauteng Division of the High Court and Advocate G Mashaba SC, as a non-judicial member of the Tribunal, commenced in January and is expected to resume again in October. Mengo's accusations Mengo lodged a complaint against Mbenenge, accusing him of sexual harassment after he allegedly persistently asked her to send him explicit images and also sent him his in exchange. In her testimony, Mengo told the Tribunal she found these requests for pictures 'annoying' and felt that he was forcing her to send them. She accused him of sexually harassing her through messages on WhatsApp, inappropriate comments, gestures regarding her appearance, and another incident that occurred in his chambers in November 2022. She also claimed he sent her an image of his penis, which was subsequently deleted on the evening of 17 June 2021. The complainant told the Tribunal it showed 'his private part with hair the same colour as his hair on his head'. He also allegedly sent her pornographic pictures. ALSO READ: 'How will Mbenenge defend himself?' Tribunal chair asks evidence leader during tense proceedings Mengo has accused the judge of asking her if she was aware of the effect she had on him as he pointed towards the front of his pants. She told the Tribunal that there was a bulge in his pants and that he was fiddling with his zip. 'He asked me if I didn't want to suck it,' she previously told the Tribunal. This incident is reported to have occurred on 14 November 2022, after he summoned her into his chambers at the Umtata High Court. Mbenenge's defence The judge has claimed that the sexual interactions between him and Mengo were consensual. Mengo, however, told the Tribunal that she reciprocated Mbenenge's sexual messages to 'satisfy him in order for peace at the workplace'. Mbenenge, the first senior judge in the country to risk impeachment for sexual misconduct, has also denied sending an image of his penis. 'In light of what you are saying, I am saying to you, the persistence in saying I sent K8 [penis] is crystal lies and in the direction of being malicious,' argued Mbenenge. He argued that he was trying to pursue a romantic relationship, but there was no clear guide on how to do so. Although he admitted to asking her to remove her jacket, he denied that the request was indecent. 'I wanted her to remove her jacket because I wanted to appreciate her appearance. It was obstructing my view of how she looked,' Mbenenge said, with hand gestures painting her figure. 'Reinforcement' The witnesses called to testify at the Tribunal muddied the matter, as some seemed to suggest that Mengo was a willing participant in the conversations, while others stated that she was not. In May, forensic and legal linguist Dr Zakeera Docrat testified that some of the emojis used by Mengo in her conversations with Mbenenge suggested 'agreement' and 'warmth'. ALSO READ: Did she mean it or not? Analysis of Mengo's WhatsApp messages to Judge Mbenenge questioned She testified that the exchanges between Mbenenge and Mengo started professionally but slowly degenerated with the use of emojis to 'convey sexual acts'. Mengo sent a 'monkey's closing its eyes' emoji. Docrat said this emoji represents 'reinforcement'. 'Reinforcement because she's used it more than once, even though there's no text. But based on the text chain that was unravelling, and in that instance, her shyness on her part, embarrassment.' 'Not much mutuality' In June, gender violence expert Dr Lisa Vetten testified that there was not much mutuality in the WhatsApp message exchanges between Mengo and Mbenenge. 'I looked at who initiated the conversation, how many conversations were sent by the Judge President, and by Mengo. I used that as an indication of who is initiating the conversation and who is more active in the conversation, and it gives you a sense of who is asking more often and engaging more often. It gives you an indication of who is the more interested party. I counted 837 WhatsApp messages, 526 from the Judge, and 311 from Mengo,' said Vetten. Eastern Cape High Court judge's secretary Andiswa Mengo gives testimony before the Judicial Conduct Tribunal. Picture: X / @OCJ_RSA Mengo's unclear responses, according to Vetten, were her way of evading Mbenenge's advances. Vetten said while Mbenenge used emojis to ask for things from Mengo, she used evasion to avoid direct responses to his advances. Did he send explicit images? Another witness, Dr Vincent Mello, in July questioned the format of some of the photos allegedly sent by Mbenenge to Mengo. He was asked to assess the usage of emojis and the disputed pictures allegedly exchanged between the two. Mello said some of the pictures were inconsistent with the WhatsApp format. 'Based on my analysis, it is clear that the photos are below the typing message area, and they depict as though the message was still being compiled, and possibly, it was a screenshot taken. A message that would have been sent would have had the ticks, but I didn't see them as I expected. The photos are not consistent with the WhatsApp template or indicate that they were sent,' said Mello. 'The photo [of Mbenenge's private part] cannot be confirmed if it was from WhatsApp since it is not consistent with the WhatsApp template or format. You don't see the name, followed by a typing space.' ALSO READ: Did Judge Mbenenge send Mengo explicit pictures? Expert testifies 'He does it to everyone' Another witness, Mbenenge's former secretary, Zinhle Nqkayi, in July, told the Tribunal Mbenenge used to comment on everyone's outfits at work, not just Mengo's. 'It was in the morning, I think around teatime. One of the judges' secretaries arrived in my office, and the JP [Mbenenge] was in his office at the time. The JP came out, and he stood by the door that interlinks our offices,' said Nqkayi. 'Mengo was passing by while the JP was having a conversation with Ms Gugushe, asking how she was. Mengo passed by and greeted me, and the JP called her, and she came into my office. The JP then uttered a statement, exclaimed and said, 'What is it, big girl? Why are you wearing a curtain today?' He then went further on to say, 'Do you see how other children are dressed well?' He was referring to Ms Gugushe and me as we were standing by my table.' ALSO READ: Mbenenge commented on everyone's outfits, not just Mengo's, says former secretary Advocate Griffiths Madonsela, for Mbenenge, asked Nqkayi: 'Was it usual for the judge to raise such issues?' 'Yes, that is his daily talk. Yes, he is like that; he would even pass this comment to a lawyer who would be coming into his office. The first thing he will notice is how that particular person is dressed, even with me; he will notice when I walk into the office and ask me, 'Haibo, big girl, are you awake? Why do you still seem to be dressed in your sleepwear?' Nkqayi responded. The Tribunal will reconvene on 21 and 22 October 2025 for oral arguments. After hearing all the evidence, the Tribunal will decide whether to recommend to the Judicial Service Commission (JSC) that Mbenenge is guilty of gross misconduct.
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.
Daily Maverick
10-07-2025
- Politics
- Daily Maverick
‘This is highly malicious' — Mbenenge lashes out at evidence leader
The cross-examination of a visibly irritated Eastern Cape Judge President Selby Mbenenge finally concluded on Thursday. Just before 10am on Thursday, 10 July, Eastern Cape Judge President Selby Mbenenge stepped away from four days of gruelling cross-examination by evidence leader, advocate Salomé Scheepers. It was the battle of a lifetime for the 64-year-old head of the division, accused of sexually harassing court secretary Andiswa Mengo, now 44. For this last day, Mbenenge wore a yellow, striped tie, perhaps hoping to inject some warmth into what has otherwise been a bleak and ruthless exposure of his private life as well as that of his accuser. Scheepers did not hold back. Neither has Mbenenge's formidable legal counsel, advocates Muzi Sikhakhane and Griffiths Madonsela, in defending their client, who has maintained the communication was 'consensual'. Visible irritation As a judge, Mbenenge is used to calling the shots and has been rattled by Scheepers's insistence on treating him like any other witness, asking him to reply succinctly and calling him out. So far, the JP has accused Mengo of lying, labelled her a 'trickster' and even suggested to the tribunal on Tuesday that someone else might have been behind her complaint as Mengo 'did not have the skills to do so'. 'I can't help thinking that the complainant could not have done this completely alone,' he said. On Thursday, shortly before Scheepers completed her cross-examination, Mbenenge complained several times to the tribunal chair, retired Judge Bernard Ngoepe, that her continued questioning about a specific WhatsApp image 'is becoming highly malicious'. While it is true, as Mbenenge pointed out on Wednesday, that not every single word or message that passed between him and Mengo has been entered as evidence at his tribunal, the bulk of it is there. These were messages, he said, which clearly indicated what he believed to be Mengo's encouraging response to his persistent advances, which he has not denied. Scheepers reminded Mbenenge that it was difficult to track times and dates correctly because his cellphone had been wiped clean, but that Mengo had saved messages. These were later retrieved by forensic cellphone expert Francois Möller, who had access to both phones during the inquiry. 'I was not there' Mbenenge has gone to great lengths to prove he was not in his office on the afternoon of 15 November, the day Mengo claims he called her in and made a lewd suggestion. He said that not only could security log books and his car tracker verify where he was, but a case he heard proved this conclusively. He then read out to the tribunal a highly controversial matter heard in Gqeberha between the Sustaining the Wild Coast NPC and the minister of mineral resources. 'This surely shows I was not in Makhanda and could not have been in my office on the day the complainant accuses me of this,' said Mbenenge. What about the footage? When Scheepers did not relent and quizzed Mbenenge on the 'missing' CCTV footage of the corridors that day, suggesting that his secretary had also not been at her desk the entire day, he responded: 'Chair, that this is persisted and for the 200th time, it is malicious.' Scheepers continued: 'Regardless of the reliance on the tracker to prove your general whereabouts, this does not say the incident did not occur.' 'Your proposition fails!' Mbenenge shot back, clearly irritated. 'I say your persistence is malicious and I deny what you are suggesting. You can repeat it 100 times, I am not going to change my version,' he said. 'It did not happen, it did not happen! It is demonstrably clear it did not happen!' the judge president insisted. Scheepers announced to the tribunal just before 10am that she had completed her cross-examination. Ngoepe immediately adjourned the proceedings while a visibly relieved Mbenenge stepped down.
Daily Maverick
10-07-2025
- Politics
- Daily Maverick
It wasn't about power, ‘it was a conversation between two adults', Mbenenge tells hearing
Eastern Cape Judge President Selby Mbenenge says he believes judges are not subject to labour laws or employee workplace relations regulations. Proceedings at the Judicial Conduct hearing into allegations of sexual harassment against Eastern Cape Judge President Selby Mbenenge were briefly disrupted before lunch on Wednesday, 9 July by placard-waving protesters. They were swiftly removed. The protesters are evidence of the widespread interest and anger surrounding this seminal South African case dealing with modern power relations in the workplace and how these affect unwanted approaches of a personal nature. Explaining the short interruption, tribunal chair, retired Judge Bernard Ngoepe, said while the proceedings were open to anyone from the public, 'you may not perform on this stage'. At the core of this complaint of sexual harassment lodged against the Judge President with the Judicial Service Commission (JSC) by court secretary Andiswa Mengo is whether the unequal power relations in the matter are relevant. Mbenenge has denied the charges and has maintained that the contact with Mengo was consensual. Late on Tuesday evening, during cross-examination by evidence leader advocate Salomé Scheepers, Mbenenge revealed to the panel his view that judges were not subject to the country's labour and workplace employee relations laws. 'I see it my way' In Mbenenge's mind, the fact that he is one of the most senior judges in the division and its head, had no effect on how he moved through life or the world, or how he was perceived by others, he told the tribunal on Wednesday. Judges, he said, were appointed by the President after recommendations by the JSC. Salaries are paid from the National Revenue Fund, which is separate from the Department of Justice. As independent operatives, they were therefore not subject to the ordinary rules of the workplace. However, the tribunal has been reminded, this does not give Mbenenge a status above other citizens of the country, as the Constitution upholds the rights of all. By way of example, Mbenenge set out to explain an occasion when he felt his status had played no role. This was when he had tried to reconcile a court manager who had allegedly insulted the complainant, Mengo. In that instance, he said, he had not acted as a judge, but as a 'social human'. 'Unless there is a theory or a notion that judge presidents should only talk to other JPs, this flies in the face of social reality.' Mbenenge added, 'even if I had been a watchman, I would have intervened in any matter where there was conflict between two people in a workplace.' While it is highly likely that Mbenenge has never been a watchman, it appears his intact self-esteem enabled him to project, into the mind of a 'watchman', a confident and level-headed mediator such as himself. When it came to how Mengo might have read or interpreted Mbenenge's behaviour differently, as suggested by Scheepers, Mbenenge's responses became a pattern through the morning: 'That is your interpretation. I see it my way. Or I see it differently.' In January, Mengo testified that she had to show respect towards Mbenenge – this was after he had first begun WhatsApping her in June 2021 after a personal interaction in the workplace. 'I have to respect him as someone who is also in charge. Even the manner in which I responded to him, I had to be very cautious,' Mengo testified. Scheepers said this, as well as the fact that Mengo had lodged a complaint of sexual harassment (at great personal cost to both parties, it turns out), was evidence of how she perceived the JP's advances differently. Mbenenge replied to Scheepers: 'So be it. What I need to say is simply that she might harbour this understanding, but I never understood it that way. 'I never imposed myself on her. You don't deal with people from the perspective that 'you know I am a JP'. When I was conversing with the complainant, and remember I am a top lawyer, according to some and the media understanding, when I was chatting with her I was being a social being.' To which Scheepers shot back, 'but you are the Judge President! You do not have to impose that on her. She knew that!' Mbenenge replied, 'I never imposed myself as a JP. The conversation was not between a JP and a junior staff member. I was simply a social being when talking to her in this instance. It was a conversation between two adults…'. Multi-tasking while pummeling Scheepers began her cross-examination late on Tuesday in a pugnacious mood which continued throughout Wednesday as she drilled down into uncomfortable territory. At several points, Mbenenge objected to her 'tone'. This was after complaining earlier in the week about the quality of her work and complaining often that he was being treated as someone 'guilty until proven innocent'. The JP was also angered when he believed that Scheepers was not focusing exclusively on him while he gave evidence or provided replies to questions. He told Judge Ngoepe that he objected to her side consultations with Mengo's counsel, advocate Nasreen Rajab-Budlender. Mbenenge stated he had found this 'disrespectful', at which point Ngoepe intervened, saying that 'advocate Scheepers does not mean disrespect. Perhaps a problem will arise only when she says you need to repeat your answer, then that could be the point. 'But if she feels she can manage to pick up a word or two and still be receptive to your answer, it should not be a problem. The weight of the matter Judge Ngoepe, as chair of the tribunal, has clearly understood the enormous significance of this matter and has tried to navigate this as an older man and retired judge, allowing evidence by gender expert, Lisa Vetten, which Mbenenge's legal team, advocates Musi Sikhakhane and Griffiths Madonsela, had sought to have excluded. When Mbenenge lashed out on Wednesday, saying the matter had rendered him almost a 'pariah' who would never again be invited to give lectures at illustrious universities such as Fort Hare as a result of the stigma, Ngoepe again intervened in even tones to calm him: 'No matter the court of public opinion, in this tribunal there is no point of departure which says the person is guilty, otherwise the proceedings would be a charade. 'Otherwise the outcome would have been determined already. Irrespective of public opinion, irrespective of what everybody thinks… We are going to decide this case on the facts before us and in terms of the law, irrespective of who said what.' Mbenenge said he was not attacking the tribunal. 'I would never do that.' With regard to Scheepers' relentless cross-examination, Judge Ngoepe told Mbenenge that 'you need to understand advocate Scheepers' job, and she is doing her best and she is trying to be as fair as she can possibly be. 'For the rest, this remains with us. We can read and write. That is why we are here. We are going to read every single message and understand it in the way we are capable of understanding.' Whosoever diggeth a pit It has not been pleasant for anyone watching Mbenenge squirm under the weight of deeply intimate and personal details being made public. Under attack is his very worldview, which appears to contain so many halls and mirrors, it has detached him from self-reflection or control. At one point, while searching for a piece of evidence, he looked up and said 'I am lost', which certainly sums up to some extent his foray into his ill-considered advances to Mengo and the Earth-shattering consequences. Mbenenge had told the tribunal of his talent for 'being able to read a room' and that in his interpretation of all the WhatsApps between himself and Mengo, she was a 'willing participant'. This was regardless of initial rebuffs, which were followed by his relentless persistence, which he claimed was 'flirtation' and which he had hoped would become physical. Scheepers shot back that 'you intentionally did not read the room. You read what you wanted to read. You asked her 11 times for photographs, you even begged. And still she did not send any nude pictures.' Scheepers put it to Mbenenge that 'the dominant clause here is you asking for pictures.' The JP shot back angrily, 'No! The dominant clause is the taking of more pictures. She had already sent one [of her WhatsApp profile pictures, according to evidence]. ' He agreed that his messages were sent after hours, a time, he told the tribunal, that was more 'convenient' for him as a busy court head. He said he had been steering 'things in a direction, seeing as I had developed an interest in her'. There were many occasions when it appears Mbenenge's messages were not convenient for Mengo, who would either not respond, or when she did, she would say she was exhausted, or at the gym or cooking, or sleeping, or preparing for work. Scheepers asked Mbenenge why he had not informed or established with the court secretary up front that she might want this intimate relationship. 'I have yet to read a book where when you are interested in a woman, these are the steps you must take. You greet them, go for pleasantries, buy her a chocolate. I have not been charged here for flirting in one manner or another. Were the chats welcome? I say they were.'
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."
