Mbenenge describes tribunal process as embarrassing

Eastern Cape Judge President, Selby Mbenenge, has refuted claims that he sent explicit images to his accuser – former high court secretary, Andiswa Mengo.

Mbenenge was back in the hot seat at the Judicial Conduct Tribunal that’s probing serious allegations of sexual misconduct against him.

The embattled Judge President, testifying on the second day, maintained that his interactions with Mengo were flirtatious and consensual.

“We will sit here until cows come out, we are not going to see these alleged pictures of private parts with one standing on top of a cubicle and white pubic hair such as his hair. I’m at pain having to talk about these things, the situation is such that I have got to be explicit, I have to defend myself.”

He also denied ever sending a pornographic image of a man performing oral sex on a woman, another message Mengo claimed was a sexual advance.

“I could have shown a chocolate, I could have shown anything nice that one can share with somebody they fancy or are mutually flirtatious with one another.”

Emoji evidence takes centre stage

The focus then turned to emojis with “sexually suggestive connotations” that were exchanged between Mbenenge and Mengo.

A forensic linguistics expert testified that some of the images, including a half-peeled banana, carried sexual undertones.

However, Mbenenge pushed back, saying his messages were misinterpreted.

The Judge President also revealed a conversation from 18 June 2021, where Mengo allegedly proposed a meeting in East London, while clarifying that no intimacy would take place.

Crimen injuria charge

On Tuesday, Mbenenge said he had laid a crimen injuria charge against Mengo, insisting their private exchanges were never meant for public consumption.

“I did open a case of crimen injuria against the complainant in relation to the alleged of 15 now 14 of November 2022 and also in relation to pictures I did not send to her. I have done that.”

Adding a spanner in the works, Mbenenge questioned whether Mengo had filed the complaint independently, suggesting she may have been motivated by something else.

Throughout his testimony, he insisted his actions were culturally misunderstood, arguing that as a Xhosa man, persistence in romantic courtship is often part of the norm.

“This entire matter should never have reached the Judicial Service Commission,” he said. “The chats were misrepresented. They were never unwanted.”

He went further to suggest that the allegations form part of a “malicious campaign”, questioning the time it took Mengo to formally lay a complaint.

Mbenenge says it’s suspicious that Mengo only reported the alleged sexual misconduct, 11 months after their flirtatious conversations had ended.

As the cross-examination began on Tuesday afternoon, the Judge President’s marriage was thrust into the spotlight, with Mbenenge saying his nuptials are irrelevant to this matter.

However, evidence leader, advocate Salome Scheepers, pushed back – arguing that his commitment to his wife casts doubt on his narrative of seeking a romantic relationship with Mengo.

“You are asking me about my marital status and I’m urging you to keep away from that,” said Mbenenge.

Judicial Conduct Tribunal Chairperson, Bernard Ngoepe, has vowed that the inquiry will not drag on like other high-profile cases in the country.

“We need to finish this case, I think the public and the nation are becoming weary of this case. Resources are being ploughed into this case and we don’t want this case to be another Senzo Meyiwa case or to be the Timothy Omotoso case, that went on forever. It will not happen in these proceedings,” said Ngoepe.

Ngoepe also said if needed, the proceedings may end at 10pm.

Wednesday’s session is expected to probe deeper into WhatsApp exchanges and alleged explicit images between Mbenenge and Mengo, as the tribunal enters its final two days of hearing evidence.

Written by: Lebohang Ndashe