Mbenenge referred to staff as ‘big girl’ and ‘young lady,’ tribunal hears

The language Eastern Cape Judge President, Selby Mbenenge, commonly uses took centre stage at the Judicial Conduct Tribunal underway in Sandton, Johannesburg, where he is facing allegations of sexual misconduct.

On Wednesday, the tribunal heard that Mbenenge frequently addressed his staff using terms like “baby” and “children.”

His former secretary, Zintle Nkqayi, testified in his favour — speaking through a translator — describing this choice of words as reflective of his “playful” nature.

 “Big girl, young lady, that’s how he talks, that’s how he speaks,” she said, explaining that the Judge President used these phrases often in a casual, joking tone.

However, such expressions in today’s context can carry sexual connotations — a point not lost on the tribunal.

It also emerged that Mbenenge was occasionally referred to as “daddy” by some staff members. Nkqayi clarified that in isiXhosa culture, the term can be a mark of respect and familiarity, rather than suggestiveness.

When pressed on whether similar language was used in other judicial offices, Nkqayi responded that such informal expressions were common among staff, especially between secretaries.

“Let me give you this example, if I were to come across another judge’s secretary coming to my office, first thing they would ask me is, is your dad here? Or I would ask is your mom here? That’s the lady judge of the other secretary. That’s how we would talk, that’s the lingo we would use amongst each other,” she explained.

Nkqayi also testified about events on 14 November 2021 — the day High Court secretary Andiswa Mengo alleged Mbenenge made inappropriate remarks about her clothing, comparing her outfit to a curtain.

But Nkqayi insisted that the Judge’s comment was made in jest and not meant to offend, saying such humour was characteristic of his daily interactions with staff and others.

“Oh yes that’s his daily talk, he is like that he would even pass this comment to a lawyer that would be coming into his office. (The) First thing he would notice, is how the particular person is dressed.”

“With myself, he would notice if I walk into the office and ask me haibo big girl are you awake? Why do you seem to be dressed in your sleepwear? He does it to everyone,” Nkqayi added.