Judicial tribunal hears of judge Mbenenge’s sexually explicit messages
Secretary Andiswa Mengo testifies she did not respond to some suggestive WhatsApp texts
14 January 2025 - 20:31
byFranny Rabkin
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Testifying at a sexual harassment probe, Eastern Cape judges’ secretary Andiswa Mengo said the province’s judge president, Selby Mbenenge, “tore my soul” and made her feel like someone who did not have dignity.
The judicial conduct tribunal, which began on Monday, is the first time a judge has faced possible impeachment for sexual harassment.
The judge president denies he harassed Mengo and has said their interactions were consensual.
Answering questions on why she did not respond to WhatsApp messages about her “favourite position”, Mengo said: “This is a church leader we are talking about. This is somebody’s husband we are talking about. This is a father, who has a family. This is a leader of a division.”
She said he had “undressed me while I was in my house, without him seeing me. He did not respect me.”
Shortly before she made this statement, she had broken down in tears and the tribunal had to adjourn while she composed herself.
Mengo testified in the morning about the series of WhatsApp messages at the beginning of their exchanges when he started asking her for pictures of herself and to reveal the top half of her body, which she understood to mean “that he wants me to undress and be naked”.
She answered that there were no pictures and that her pictures had been deleted from her phone. But he kept asking, and she kept responding in different ways: laughing emojis, that she would try later.
When he said, “Unamaqhinga” — translated as, “you are a trickster” — she replied: “Earn it”.
Asked what she meant by this, she said she would not just give him her picture because she did not know what he would use it for. Also, you cannot request a picture when you do not have a relationship, said Mengo.
At this point she was interrupted by the tribunal’s chair, retired Gauteng judge president Bernard Ngoepe, who said “quite frankly” he did not understand her answer.
Evidence leader, advocate Salome Scheepers, asked her to explain further, because “earn it” implied that “I must do something; and then I will be able to receive.”
Mengo said she wanted Mbenenge “to come out crystal clear as to the reason he wanted my picture”.
Asked to sum up why she had responded as she had done to his messages on this day, Mengo said: “I could not lash at him firstly, because I was respecting the fact that he was my boss. Secondly because he was a powerful person, I was afraid of losing my job. I am a single mother. I do not know … what he would have thought if I had spoken to him in a rude manner.”
If he had been on the same level as her she would have responded differently, she said. “I would have told that particular person that firstly, I am not interested in what you are saying. Look to the other side, there are many people out there.”
Evidence continues on Wednesday. Mbenenge’s side is still to be heard by the tribunal and his counsel is still to cross-examine Mengo.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Judicial tribunal hears of judge Mbenenge’s sexually explicit messages
Secretary Andiswa Mengo testifies she did not respond to some suggestive WhatsApp texts
Testifying at a sexual harassment probe, Eastern Cape judges’ secretary Andiswa Mengo said the province’s judge president, Selby Mbenenge, “tore my soul” and made her feel like someone who did not have dignity.
The judicial conduct tribunal, which began on Monday, is the first time a judge has faced possible impeachment for sexual harassment.
The judge president denies he harassed Mengo and has said their interactions were consensual.
Answering questions on why she did not respond to WhatsApp messages about her “favourite position”, Mengo said: “This is a church leader we are talking about. This is somebody’s husband we are talking about. This is a father, who has a family. This is a leader of a division.”
She said he had “undressed me while I was in my house, without him seeing me. He did not respect me.”
Shortly before she made this statement, she had broken down in tears and the tribunal had to adjourn while she composed herself.
Mengo testified in the morning about the series of WhatsApp messages at the beginning of their exchanges when he started asking her for pictures of herself and to reveal the top half of her body, which she understood to mean “that he wants me to undress and be naked”.
She answered that there were no pictures and that her pictures had been deleted from her phone. But he kept asking, and she kept responding in different ways: laughing emojis, that she would try later.
When he said, “Unamaqhinga” — translated as, “you are a trickster” — she replied: “Earn it”.
Asked what she meant by this, she said she would not just give him her picture because she did not know what he would use it for. Also, you cannot request a picture when you do not have a relationship, said Mengo.
At this point she was interrupted by the tribunal’s chair, retired Gauteng judge president Bernard Ngoepe, who said “quite frankly” he did not understand her answer.
Evidence leader, advocate Salome Scheepers, asked her to explain further, because “earn it” implied that “I must do something; and then I will be able to receive.”
Mengo said she wanted Mbenenge “to come out crystal clear as to the reason he wanted my picture”.
Asked to sum up why she had responded as she had done to his messages on this day, Mengo said: “I could not lash at him firstly, because I was respecting the fact that he was my boss. Secondly because he was a powerful person, I was afraid of losing my job. I am a single mother. I do not know … what he would have thought if I had spoken to him in a rude manner.”
If he had been on the same level as her she would have responded differently, she said. “I would have told that particular person that firstly, I am not interested in what you are saying. Look to the other side, there are many people out there.”
Evidence continues on Wednesday. Mbenenge’s side is still to be heard by the tribunal and his counsel is still to cross-examine Mengo.
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