WATCH: Woman found EC Judge President Selby Mbenenge’s requests for pictures ‘annoying’

The Judicial Conduct Tribunal into a sexual harassment complaint against Eastern Cape Judge President Selby Mbenenge has heard how his accuser found the judge’s requests for pictures “annoying” and felt he was trying to force her to send them.

The Judicial Conduct Tribunal began hearings on Monday at the Southern Sun Hotel Rosebank, Johannesburg, into allegations of sexual harassment by Mbenenge.

Watch Andiswa Menge testifying before the tribubal

The Judicial Conduct Tribunal into a sexual harassment complaint against Eastern Cape Judge President Selby Mbenenge has heard how his accuser found the judges requests for pictures "annoying" Vid: Constitution First #SelbyMbenege #SexualHarassment @TheCitizen_News pic.twitter.com/i5V15uvmKH

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Investigation

If an adverse finding is made against Mbenenge, it could lead to his impeachment.

This investigation arises from a sexual harassment complaint lodged against him between 2021 and 2022 by Andiswa Mengo, who works as a judges’ secretary in the Eastern Cape High Court.

Mengo filed the complaint against Mbenenge, stating that his suggestive advances were unwelcome.

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However, Mbenenge, who has since been placed on special leave, argues the interactions between the duo were consensual.

WhatsApp messages

During proceedings on Monday, tribunal evidence leader Salome Scheepers argued that there was a “common thread” in WhatsApp messages exchanged between Mbenenge and Mengo, with the conversation being one-sided and always initiated by the judge president.

Testifying through an isiXhosa interpreter, the 37-year-old single mother told the tribunal Mbenenge sent an “eye” emoji while she was still in the “hmm” moment.

Mengo detailed how Mbenenge initiated WhatsApp communication with her after he had visited the judge.

“I realised that there is no way I will be cooled off from this, because from the previous messages as well, if I don’t respond, he will be continuously be sending these things and it’s actually annoying.”

Pictures  

Mengo said she had resorted to lying about her phone malfunctioning to justify not sending the pictures he wanted of her.

“I responded in that fashion, I was not telling the truth, I was lying. I just didn’t want to send a picture…Why would I send him a picture, he does see me at work. Why must I send a picture to him with my phone.

Mengo claimed she had deleted a picture of herself from her phone, to which the judge president replied, “kidding.”

“Before he said ‘kidding’, he said ‘haai’. I believe that he now realised where the conversation is going about me not sending a picture to him, then he realised it’s not going to happen. I was relieved.”

Tenacity

Mbenenge then sent another message stating: “few that you’ve got'” – a request for Mengo to send him any pictures she still has on her phone.

“I realised that it has an element of saying ‘there is no way you would not have [pictures]’, or it has an element of telling me to send or forcing me to send. There’s no way I would not have a single picture.”

‘Sexual harassment’

In her opening statement, Scheepers said that Mengo had complained that Mbenenge had sexually harassed her through multiple suggestive messages via WhatsApp, inappropriate comments, gestures regarding her appearance, and a specific incident that occurred in his chambers.

“As the judge president, he holds substantial influence over the entire judiciary in the Eastern Cape.

“He has admitted to engaging with her on social media in a way which was clearly sexual and inappropriate, given his seniority.

“The complaint will establish this was not flirtation. This was unwanted. She tried to make this clear, but he intentionally disregarded her boundaries,” she argued.

Tribunal

Scheepers argued “the question the tribunal is faced with is whether it is suitable and appropriate for the judge president of a division, a married man, leader in the community and church and father figure to engage in persistent and unwanted sexual conduct [towards] a junior legal professional”.

President of the tribunal, retired Judge Bernard Ngoepe, previously ruled that in the interest of justice, certain parts of the hearing, which will last for two weeks, will take place in camera.

This included certain WhatsApp messages sent to Mengo by the judge president.

Once the tribunal is concluded, it will submit a report to the Judicial Service Commission (JSC).

In May 2023, then-chief justice Raymond Zondo classified Mengo’s complaint as one that, if proven, would constitute gross judicial misconduct and referred it to the Judicial Conduct Committee for a preliminary hearing.

Mbenenge was appointed as Judge President of the Eastern Cape in November 2017.

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