Interpretation of syringe emoji sent by Mbenenge to Mengo in the spotlight at tribunal

JOHANNESBURG - The interpretation of conversations between Eastern Cape Judge President Selby Mbenenge and his former secretary, Andiswa Mengo, is again in the spotlight on Wednesday at a tribunal probing sexual harassment allegations against the top judge.

The tribunal heard that legal linguist Dr Zakeera Docrat’s take on emojis shared between the two was in contradiction with the complainant, Mengo.

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Mengo is accusing the judge of making unwanted sexual advances towards her between 2021 and 2022.

Docrat has testified that emojis used by the top judge to Mengo were intentionally sexually charged in the context of their conversations.

She testified before the tribunal sitting in Sandton.

Docrat previously testified that an emoji of a syringe sent by Mbenenge to Mengo referred to a male private part and served no medical purpose.

This, after Mengo indicated that she was booked off sick, to which Mbenenge responded: "I must come give you a boost," and attached the syringe emoji.

Mbenenge’s legal counsel, Advocate Griffiths Madonsela, highlighted that Docrat’s interpretation was at odds with Mengo’s understanding.

"Then you, in your testimony, say the use of that syringe was sexualised because it means a male private part. In her understanding of that use of emoji, Ms Mengo gives the description, she says I took that to mean that he wants me to heal."

Docrat on Tuesday testified that the meaning attached to an emoji by participants engaged in conversation must prevail.