Zoleka Qodashe15 January 2025 | 5:25

Tribunal pokes holes in complaint of woman accusing EC Judge President of sexual harassment

During the second day of testimony, the electronic messages between Eastern Cape Judge President Selby Mbenenge and Andiswa Mengo were read out before the tribunal. 

Tribunal pokes holes in complaint of woman accusing EC Judge President of sexual harassment

Eastern Cape Judge President Selby Mbenenge. Picture: Judges Matter

JOHANNESBURG - The tribunal investigating allegations against Eastern Cape Judge President, Selby Mbenenge appears to be struggling to follow some of the evidence by the woman who has accused the senior judge of sexual harassment. 

During the second day of testimony, the electronic messages between Mbenenge and Andiswa Mengo were read out before the tribunal. 

In them, the judge sends suggestive messages to the complainant. 

But when probed on the alleged sexual harassment, Mengo's responses gave rise to more questions.  

READ: Complainant breaks down in tribunal probing sex harassment claims against EC's top judge

The messages show how the judge sent suggestive messages to Mengo who filed a sexual harassment complaint against him in 2023. 

However, after Mbenenge asked her about warmth and whether she melts easily, Mengo responded by saying it depends on oven temperature. 

A response evidence leader, advocate Salome Ccheepers sought clarity on.

"Then you replied to that remark of the respondent where he said 'on?' and you said 'oven temperature'. What did you mean by that?" 

Mengo said her response was prompted by the fact that she was cooking at the time. 

READ: Complainant in sex harassment matter against EC judge says she mentioned money to deter him

However, the tribunal chairperson, retired judge president, Bernard Ngoepe was not convinced.

"I'm sorry I don’t understand the message, 'oven temperature'. What are you conveying by the words 'oven temperature'? What does temperature got to do with the conversation?" asked Ngoepe.

A further reading of the messages shows that the judge president then said Mengo would have melted at step one to which she responded it would mean the marinate worked before the heat. 

When probed on this, Mengo was adamant her responses were about cooking. 

However, later in the conversations, Mbenenge said step one refers to position one, referring to sexual positions. 

Mengo will be back in the witness seat on Wednesday.