Mbenenge’s legal counsel challenges forensic linguist’s testimony on emojis use

JOHANNESBURG - Dr Zakeera Docrat’s cross-examination continued at the Judicial Conduct Tribunal of Eastern Cape Judge President Selby Mbenenge.

Docrat, a forensic and legal linguist, is an expert witness who interpreted the emojis exchanged between Mbenenge and high court secretary, Andiswa Mengo.

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Mbenenge is accused of making unwanted sexual advances towards Mengo, a junior staffer in the division, between 2021 and 2022.

Mengo responded with laughing emojis and said, "she has no answers" when Mbenenge asked if she preferred friendship instead of a sexual relationship with him.

In a separate instance, Mengo used a winking emoji when the judge president said she should keep looking after herself when she indicated that she was in the gym frequently.

In Mbenenge's affidavit, he stated that Mengo’s use of such emojis gave him the impression that she was comfortable with and amused by the conversation.

But Docrat testified that the winking emoji in particular meant that the complainant was in agreement with warmth and affection.

Raising this issue for Mbenenge’s legal counsel, Advocate Griffiths Madonsela said: "The point I’m highlighting is that it means different things to different people. It means something else to you, it means one thing to the JP, it means something else to the complainant."

Docrat previously testified that her interpretation was subjective and may differ from the meaning ascribed by the parties currently before the tribunal.