Complainant Mengo concedes that her interactions with Mbenenge could be reasonably concluded to be consensual
The woman who has accused Mbenenge of sexual harassment had to face some tough questions from his legal counsel.
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
JOHANNESBURG - High Court secretary, Andiswa Mengo, conceded that a reasonable person could conclude that her interactions with Eastern Cape Judge President Selby Mbenenge were consensual.
She faced tough questioning from the senior judge's legal counsel, advocate Muzi Sikhakhane, during cross-examination on Tuesday.
It comes after she concluded her evidence in chief before the Judicial Conduct Tribunal sitting in Rosebank, Johannesburg.
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The tribunal is tasked with investigating Mengo's claims that the top judge made unwanted sexual advances towards her.
She also claims he went as far as sending her explicit content on social media platform, WhatsApp.
The woman who has accused Mbenenge of sexual harassment had to face some tough questions from his legal counsel.
Advocate Sikhakhane probed Mengo on the testimony she gave before the tribunal in which she accuses the top judge of inappropriately using suggestive language with her, a junior in the High Court division he leads.
Sikhakhane submitted that the various discussions between the pair seemed consensual, to which Mengo agreed.
"In fact, it's not that you just omit to say how you feel, you communicate that you are fine with it. And Ms Mengo, you had an option not to respond that has nothing to do with what makes you meet as a judge president and secretary of a colleague."
The tribunal is tasked with investigating whether a reasonable person can conclude that the interactions between the pair were consensual.
Sikhakhane asked Mengo how a reasonable person could perceive their interactions.
"But you are old enough to know that keeping quiet would've been better than communicating the opposite. It is therefore not unreasonable for an observer to say that this discussion where you do not only keep quiet but say what would make him happy, to conclude for a reader, for an outside observer that you were in agreement."
Mengo answered: "Yes".