Tribunal concludes first week of testimony in EC Judge President Mbenenge sexual harassment case
Mbenenge is accused of sexually harassing High Court secretary Andiswa Mengo during 2021 and 2022.
The Judicial Conduct Tribual hearing into the sexual harassment claims against Eastern Cape Judge President Selby Mbenenge in Rosebank, Joahnnesburg on 15 January 2025. Picture: Zoleka Qodashe/EWN
Please note: The following story contains graphic details of a sexual nature.
JOHANNESBURG - The Judicial Conduct Tribunal concluded the first week of testimony this week in the sexual harassment case against Eastern Cape Judge President Selby Mbenenge.
It began hearing testimony against the judge after a complaint was laid against him in 2023.
Mbenenge is accused of sexually harassing high court secretary Andiswa Mengo during 2021 and 2022.
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Mengo said the alleged unwanted sexual advances took place electronically and in person.
The tribunal, sitting in Rosebank, Johannesburg, is tasked with examining the interactions to determine whether a reasonable person would find the exchanges unwanted.
A journey that started two years ago has finally seen the light of day as a public accountability process unfolds.
Mengo has provided detailed accounts of what transpired during June 2021.
At this stage, the exchanges reportedly took place electronically over instant messaging app, WhatsApp.
Mbenenge allegedly began by enquiring about the young mother’s personal life before venturing into more explicit content.
Through an interpreter, she made one of several shocking submissions:
“It was his private part with hair exactly the same colour as his head. And in the picture, it was clear that he was standing above the toilet cubicle,” said Mengo.
This appeared to just be the beginning. In some instances, Mengo became overwhelmed by emotions, breaking down on several occasions.
“May we adjourn for a few minutes, chair.”
However, there were also engagements between the pair that raised eyebrows.
Mengo alleges that the judge president sent her a collage depicting various sexual positions on 18 July 2021. He instructed her to view the image alone and later deleted the message.
Mengo responded to the photo saying "nice".
Later, the top judge said it seemed as though Mengo wanted "half insertion", to which Mengo responded, "foreplay kindles".
In one instance, Mbenenge asked about Mengo’s favourite sexual position.
The interaction prompted questions from evidence leader, Advocate Salome Scheepers: “‘Whichever position might come first, with a question mark. So, he’s asking you. You said, ‘I’ll go with whichever. But there’s a word I like, surprise.’ Just explain to us that reply?”
This is but one instance that appeared to leave the tribunal perplexed.
After the top judge asked her about warmth and whether she melts easily, Mengo responded by saying it depends on oven temperature.
The complainant explained that she was referring to the cooking she was doing at the time.
However, tribunal chairperson retired Judge President Bernard Ngoepe was not convinced,
“Speaking for myself, quite frankly, I don’t understand an answer to this question, and I sincerely hope that as things progress.”
Despite marathon hearings and a week of submissions, it seems the tribunal has barely scratched the surface.
At the time of adjournment, it was only beginning to address the electronic interactions that took place in July.
There are about 17 months in total during which the alleged sexual harassment occurred.
The tribunal will reconvene on Monday, where Mengo will return to the witness stand and make further submissions.