Latest news with #judicialconduct
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.
News24
07-07-2025
- Politics
- News24
Mbenenge testifying in sexual harassment probe against him
Eastern Cape Judge President Selby Mbenenge will on Monday take the stand and give his version of events in the Judicial Court Tribunal sexual harassment probe against him. Mbenenge is facing a misconduct investigation, which could lead to his impeachment. This investigation arises out of a sexual harassment complaint laid against him by judges' secretary, Andiswa Mengo, who works a judges' secretary in the Eastern Cape High Court. 6m ago Judge President Selby Mbenenge's attempt to lead the testimony of his sexual harassment accuser's former friend - whose statements included claims about Andiswa Mengo's sex life - has been dismissed by the tribunal tasked with deciding his guilt. Judicial Service Commission (JSC) Judicial Conduct Tribunal chairperson, retired Judge President Bernard Ngoepe, ruled that, after hearing submissions on whether stenographer Unathi Sogoni should give evidence about her two statements, his panel had decided not to allow that testimony. He told Sogoni, who had been sitting in the witness stand since mid-morning, that she was excused. Mengo has previously testified that, between 2021 and 2022 and after discovering that she was a single mother, Mbenenge bombarded her with requests for revealing pictures of herself and sexually loaded messages - some of which, she said, she had entertained and responded to because he was her boss. In testimony that has been fiercely denied by Mbenenge, Mengo said he had also sent her images of male genitalia (which she assumed was his) and tried to solicit oral sex from her in a November 2022 interaction in his High Court chambers. 8m ago Eastern Cape Judge President Selby Mbenenge's advocate Muzi Sikhakhane has argued that an expert's evidence that 'no means no' failed to take into account 'prevailing cultural practices about courting'. In his cross-examination of leading gender expert Dr Lisa Vetten, Sikhakhane referred to the Xhosa and Zulu words ukuphimisa, ukushela or ukuqasa to stress that 'persistence' and 'pleading' were seen as a crucial part of dating in certain cultures. Vetten had earlier testified that if someone had rejected a colleague's advances in a workplace environment and they nonetheless persisted in their overtures towards that person, this could be viewed as harassment. 'So actually, you are saying to me, a no is a no in perpetuity really,' Sikhakhane responded. 'Yes, unless somebody comes to you and says, 'I've changed my mind',' said Vetten. Sikhakhane then told Vetten that the 'expert evidence you've just given doesn't take into account a number of prevailing cultural practices about courting'. 11m ago Judge President Selby Mbenenge's advocate has suggested a leading gender expert may have been 'completely mistaken' in her analysis of the Eastern Cape judicial head's sexually laden discussions with a secretary – because she is not Xhosa. 'That could certainly be possible,' Dr Lisa Vetten told Mbenenge's counsel, Muzi Sikhakhane, who then pressed her to concede that 'you may actually miss the messaging in the conversation' between the Judge President and secretary Andiswa Mengo. Vetten responded she had looked at Mengo's testimony 'to see what was happening in the translation and what was being said' and also 'specifically requested the WhatsApps with the translations so that I could get some insight'. Mengo testified in isiXhosa and intervened when she was unhappy with her interpreter's translation of her words into English. She revealed the Judge President had started messaging her after learning she was a single mother. On Monday, Vetten testified that her analysis of the WhatsApp messages exchanged between the then-60-year-old Mbenenge and 37-year-old Mengo revealed that the Judge President had asked her for intimate pictures 11 times during their first interaction. Go to top
Times
02-07-2025
- Times
‘No means no' is Eurocentric, South African lawyers say in harassment case
Lawyers for a South African high court judge accused of sexual harassment have dismissed a gender expert's testimony that 'no means no' as 'Eurocentric'. They also accused the expert of an 'imposition of whiteness' in her assessment of the case brought against Selby Mbenenge, judge president of the Eastern Cape, by a secretary in his court, Andiswa Mengo. If found guilty, by the Judicial Conduct Tribunal in Johannesburg, Mbenenge, 64, faces impeachment. Mengo, 41, has said that the judge repeatedly asked her to send him nude photographs, and sent her explicit ones of himself. WhatsApp messages presented to the tribunal have shown that Mengo said 'no' repeatedly and never sent the judge any images, even using a Bible verse to refuse him. 'I don't know how much clearer you can be than when you say no to somebody and that you said a couple of times 'no, no, that's not possible, it's not going to happen',' said Lisa Vetten, one of South Africa's foremost academics on gender-based violence. Lisa Vetten giving evidence to the tribunal THE SOUTH AFRICAN JUDICIARY However, lawyers for the judge questioned Vetten's testimony, saying that because she does not speak the language that Mbenenge and his secretary used on WhatsApp, isiXhosa, elements have been lost in translation. 'In the context of South Africa, an analysis of language is also riddled with an imposition of whiteness and English in interpreting vernacular,' Muzi Sikhakhane, advocate for the defence, said. 'You may actually miss the messaging in the conversation.' Vetten replied that she had been given all the messages in translation by the tribunal and she did not believe Mengo had been a 'willing participant' in the exchanges. Although Mengo had at times replied, only saying that she was busy with work or cooking, Vetten said this was a way of fobbing off her boss without being rude. The gender violence expert explained that because of the unequal power dynamic, within which Mbenenge was Mengo's superior, she was 'unable to be as open and direct' as she would have liked. The defence argued that Vetten's evidence failed to take into account 'prevailing cultural practices', noting several isiXhosa words that stress 'persistence' and 'pleading' as an important part of courtship. The tribunal was told that the judge had asked Mengo 14 times what her favourite sexual position was. A forensic linguist has previously testified about the meaning of the salacious emojis the judge sent Mengo, explaining that his use of the peach, aubergine and dripping syringe emojis had 'sexual connotations'.
Mail & Guardian
01-07-2025
- Politics
- Mail & Guardian
Gender expert biased towards judge president Mbenenge, lawyer says
Eastern Cape judge president, Selby Mbenenge. (Judges Matter) Gender expert Lisa Vetten says legal professional Andiswa Mengo's ambiguous responses to Eastern Cape judge president Selby Mbenenge's overtures The tribunal looking into whether Mbenenge is guilty of gross misconduct for the alleged sexual harassment of Mengo 'When it comes to the complainant, you are prepared to give very sympathetic, long-winded explanations for what she says, but you do not do that when you interpret what the respondent does,' Sikhakhane said on Tuesday in his continued cross-examination of Vetten. 'As an expert, you are not here as an advocate for complainants; you are here to interpret and give objective evidence.' He said Vetten was blunt when analysing Mbenenge's texts but sympathetic when interpreting Mengo's allegations. The gender expert had omitted salacious texts sent by Mengo, Sikhakhane added, claiming this showed the complainant was not ambiguous in her feelings and did not regard Mbenenge as a father figure but as a romantic interest. Even when Mengo was clear in her texts, Vetten wrongly interpreted it as an avoidance strategy, he said. 'The assumption of your opinion is that, faced with the words of the complainant, you offered a different interpretation of what she said,' Sikhakhane said. Vetten said she observed a pattern in the texts in which Mengo said one thing and did another — similar to when she said 'Will do!' in response to a request for naked photos from Mbenenge but did not send them. Sikhakhane argued that Vetten's interpretation of Mengo as a childlike victim who could not speak up for herself Vetten responded that her opinion of Mengo and her responses within the power dynamics was consistent with similar cases of gender-based violence she had worked on. 'My comments are based on what I read here and how I understand or see what she says,' said Vetten, adding that she had considered the heads of argument and the context of the case. Sikhakhane responded that Vetten was making generalisations about women and sexual harassment, which did not apply to the specific case between Mengo and Mbenenge. He added that Mengo is a 42-year-old woman who is intelligent and capable of standing up for herself when made uncomfortable by sexual advances. Sikhakhane said Mengo had a history of belligerence in the workplace, including an incident in which she physically attacked her line manager. He said this behaviour showed that she was not timid or afraid of confrontation. '[This] particular complainant has exhibited a propensity not to fear authority and has physically attacked her line manager.' Vetten responded that people can shift between aggressive and passive-aggressive behaviour, adding that a history of being extroverted did not mean power dynamics did not affect a person in subtle ways. Sikhakhane resumed his earlier argument, first made during the tribunal's initial sitting in January, that power relations are not static and that his client's case did not fit a conventional gender dynamic. He said that power could shift during a relationship and that, during the course of their conversation, the less powerful court secretary had held power over the judge president. Sikhakhane said Vetten lacked an understanding of cultural and linguistic nuances and was therefore unable to analyse what is appropriate during courtship between two African people. Vetten responded that her observation was that the conversation between Mengo and Mbenenge was inappropriate for the workplace. While she argued that it was misconduct for a judge president to pursue a junior employee, Sikhakhane said this did not constitute harassment Sikhakhane said Vetten was a well-known gender activist who, although she had helped many women, brought bias against his client and showed sympathy for Mengo. 'If I were to testify in matters where I must choose between African people and others, I would refuse, because I would not resist the temptation of not being objective. 'Do you agree with me that a person like me or you, who has strong views about a particular side of things, can actually sacrifice objectivity and present views filled with their own feelings and idiosyncrasies?' Vetten responded that she had served on panels before and adjudicated cases in which the evidence presented did not fit a finding of sexual harassment. Sikhakhane argued that since Vetten had admitted to not understanding isiXhosa, her expert analysis lacked insight into prevailing cultural practices around courtship. 'Your analysis is deficient without a cultural understanding of how romantic relationships unfold in an African setup,' he said. 'If you had read the cross-examination, it would have enhanced your analysis and impacted some of the things you said, because you do not know what he said.' Vetten said she was aware from media reports and the evidence leader's heads of argument that Mbenenge believed the relationship was consensual. However, she was not convinced when she read the WhatsApp messages. What stood out from the messages was that, while Mengo did not explicitly reject Mbenenge, she refused to commit to any of his sexual advances. Sikhakhane said Vetten's description of Mengo as a submissive and docile woman was inaccurate and that false claims of sexual harassment risked undermining the experiences of actual victims. Vetten said she was aware that false claims do occur but noted that women's credibility is often undermined when they do not 'behave well' enough to fit the description of a victim. Sikhakhane implied that Mengo was making a false claim against Mbenenge and was using the allegation of sexual harassment to attack his character, which he said undermines gender-based violence advocacy. The judicial conduct tribunal continues until 11 July, with Mbenenge expected to bring his witnesses and testify himself.
