In his own words: Judge Mbenenge's defence against sexual harassment allegations
Judge Selby Mbenenge during tribunal proceedings.
Image: Picture: Office of the Chief Justice/N Mabusela
“I was not pressuring her.”
This is the maintained statement of sexual harassment accused, Eastern Cape High Court Judge President Selby Mbenenge, about his attempts to engage sexual harassment complainant, Andiswa Mengo, despite a bout of silence from her for five days and prolonged delays in responses to his messages.
Judge Mbenenge has been cross-examined by evidence leader, Salome Scheepers since he started his testimony on Monday, defending his case currently before the Judicial Conduct Tribunal.
It is Judge Mbenenge’s maintained stance that he did not sexually harass Mengo over a period of about 11 months and that the “embarrassing” WhatsApp conversations were “flirtatious” and “sensual” as he tried to “explore a romantic relationship which started off by way of flirtation”.
During cross-examination, Judge Mbenenge reiterated that he never asked the complainant for naked pictures.
The tribunal heard from Judge Mbenenge that his interest in Mengo was sparked after they met in another judge’s chambers where he commented on her youthful appearance.
According to him the interest was sparked by Mengo's mannerism, how she spoke and how she held herself.
He was probed by Scheepers about messages he had sent to Mengo where he requested her to “remove the top part” after soliciting pictures from Mengo.
According to Judge Mbenenge he made the request as he wanted to “appreciate her appearance…I wanted to see more, the jacket was obstructive. I wanted to see how she is made up”.
In her complaint Mengo claimed that Judge Mbenenge had made unwanted sexual advances towards her.
These include that on either November 14 or 15, 2022, he called her into his office and tried to solicit oral sex from her by attempting to open the zip of his pants.
Mbenenge said that he hoped that he did not need to answer to these allegations, as they were all lies and never happened.
On Tuesday he apologised to South Africans for becoming privy to the clandestine chats between himself and Mengo and regretted that it happened.
Scheepers put it to Judge Mbenenge that his persistent engagement was him pressuring her, and that he continued sending messages to illicit responses from her despite her silence or being aloof.
Judge Mbenenge said he disagreed.
Proceedings were also momentarily halted yesterday afternoon when a group of people entered the tribunal venue where chairperson, retired judge Bernard Ngoepe had to implore the group not to disrupt proceedings.
The tribunal continues.
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