Zoleka Qodashe24 January 2025 | 13:00

Mbenenge tribunal: Mengo questioned on alleged incident in Judge president's chambers

High court secretary, Andiswa Mengo testified that Mbenenge summoned her to his chambers in 2022. 

Mbenenge tribunal: Mengo questioned on alleged incident in Judge president's chambers

Andiswa Mengo before the Judicial Conduct Tribunal in the her sexual harassment matter against Eastern Cape Judge President Selby Mbenenge. Picture: @OCJ_RSA/X

Please note that the following story contains graphic details of a sexual nature. 

JOHANNESBURG - Counsel for Eastern Cape Judge president, Selby Mbenenge has asserted that the incident in which the judge allegedly attempted to expose his manhood to a junior staffer did not happen. 

High court secretary, Andiswa Mengo testified that Mbenenge summoned her to his chambers in 2022. 

She claims he asked her if she was aware of how she made him feel as he indicated he was aroused by her presence. 

The senior judge, however, disputes this. 

Mengo is being cross-examined before the judicial conduct tribunal over the allegations she has levelled against the judge. 

Advocate Muzi Sikhakhane began by probing Mengo on the correct date on which the alleged incident happened. 

READ: Mbenenge tribunal: Mengo accused of withholding information

In her initial complaint, Mengo said the incident in the chambers took place on 14 November 2022, however, she later claimed that it happened on 15 November that same year. 

Ultimately, she settled on the 14th, a claim that was also challenged by Sikhakhane.

"What the JP [Judge president] will say is that the incident as you relate it, did not happen. The JP will also tell you that he can account for his entire day on the 14th, that he was giving a lecture, went to the bank and the only time he met you that day is shortly after teatime in his secretary’s office."

Mengo had testified that the secretary was not in her office that day. 

However, Sikhakhane said that the secretary was, in fact, there and only left at 16:45 while the register allegedly showed Mengo leaving at 16:30. 

Mengo, however, said the judge president’s version of events is not true. 

Sikhakhane has given an indication that the judge’s secretary will be called to testify before the tribunal.

Meanwhile, Sikhakhane has indicated that his client will deny that the sexual conversations he had with a junior employee in his division constituted harassment.   

Sikhakhane concluded Mengo before the tribunal.

Mengo accused the judge of making unwanted sexual advances towards her between June 2021 and November 2022 and even attempted to expose his manhood to her in his chambers.   

The top judge, however, disputes this and said he did not understand his suggestive messages to the junior staffer to be unwelcome. 

Speaking to Mengo, Sikhakhane gave an indication of the senior judge’s forthcoming testimony.

"And he will agree and state that the discussions did get sexual. His version will be that the conversations were not unwelcome. But what fundamentally he will deny is that he abused his power in those conversations. And he will say that how you felt as you stated here was not clearly communicated to him. But he will deny that it constituted harassing you," said Sikhakhane.